Delegates found that the defendant was guilty of constructive desertion of the plaintiff without lawful cause and against his wishes for a period of over ... desertion, the presumption is that the desertion has continued. in this connection in. paragraph 125 in Section 6 , under heading "Desertion" at page
expression "constructive
desertion" is defined thus, at p. 155:
"Desertion is not to be tested by merely
ascertaining which party left ... abandonment, whereas in constructive desertion
there is expulsive conduct."
The ingredients of desertion as well a
constructive desertion are the same, namely,
animus
desertion - alleged by him from 2011 onwards, since the cause of action for
filing petition for divorce on the ground of desertion, premised upon
constructive ... case of actual desertion. Actual desertion has been
pleaded by the respondent from 14.06.2014 onwards and not before that.
Constructive desertion on the other hand
conduct
giving reasonable cause to the deserting spouse to leave the
matrimonial home. The offence of desertion must be proved
beyond any reasonable doubt ... affirmation of the doctrine of
constructive desertion in English law. The ingredients of
desertion as well as constructive desertion are the same,
though
other spouse is forced to stay away is guilty of constructive desertion. Constructive desertion is the expression used to show that the spouse who forces ... absolute divorce instead of a limited divorce.
"To constitute constructive desertion, it is not necessary to show that the defending spouse misconducted himself
part of the deserted spouse, as consent vitiates the idea of desertion)
The simplest example of desertion is where one spouse leaves the matrimonial home ... action which has caused the separation. This is known as 'constructive desertion'. It is not necessary for the husband respondent in order
further argued that it was the husband who constructively deserted the wife in-asmuch as he treated her cruelly, neglected her and made her life ... learned Civil Judge was justified in holding that there was no constructive desertion on the part of the husband?
(2) Whether the learned Civil Judge
parting of the spouses has arisen in such circumstances, are called constructive desertions end the apouse responsible for creating the situation in which the other ... spouse is forced to stay away, is guilty of constructive desertion. The words 'wilful neglect' in Explanation to Sub-section (1) of Section
analogy: most of us are familiar with the term desertion deserter from the army. A deserter from the army is one who runs away from ... desertion is termed as constructive desertion. Thus, desertion may be classified under the following heads :-
(a) Actual desertion,
(b) Constructive desertion, and
(c) Wilful neglect
actual desertion as well as what is generally referred to as constructive desertion in which although there is no ostensible abandonment of one spouse ... been commenced, desertion comes to an end and if the deserted spouse unreasonably refuses the offer the latter may be in desertion
