Rayden on Divorce, Ninth Edition, at page 175, the following passage occurs:
Desertion is not to be tested by merely ascertaining which party left ... necessary to show in a case of constructive desertion some definite evidence of a clear intention on the part of one spouse to drive
petitioner has failed to prove the other and more important parameter of desertion i.e. animus deserendi. Hence scanning parties' evidence minutely the Trial ... cruelty or she has deserted him, rather he is guilty of constructive desertion. Respondent wife has not wronged, but is wronged ruthlessly on matrimonial front
consequences flowing from the long period of desertion.
12. The anatomy of the matrimonial offence of desertion requires some degree of examination. The statute does ... essential to consider also the aspect of "constructive desertion", which situation Black has defined in the following terms :---
"That arising where
back but that does not negative the case of desertion as set up by the petitioner. It is she who left the house ... could only have been defeated if he had been guilty of constructive desertion which could have been proved by his own conduct in compelling
matrimonial home, as it was the husband who was responsible for constructive desertion. As observed earlier, the story about turning out the wife from ... could only have been defeated if he had been guilty of constructive desertion which could have been proved by his own conduct in compelling
rely upon the previous acts of cruelty and/or the constructive desertion which were alleged in the previous suit. In this connection, reliance has been
husband can only be defeated if he had been guilty of constructive desertion which could have been proved by his own conduct in compelling
safely inferred that the wife is guilty of
constructive desertion.
18. While concluding his arguments, it has been submitted by
learned counsel for the appellant
been commenced, desertion comes to an end and if the deserted spouse unreasonably refuses the offer, the latter may be in desertion ... mind of the deserting spouse there is no rule of law that desertion terminates by reason of the conduct of the deserted spouse
desertion According to that statement for the offence of desertion there must
be two elements present on the side of the deserting spouse namely ... desire or intention may have been. The doctrine of "constructive
desertion" is discussed at page 229. It is stated that desertion
