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
matrimonial home. Hence, he was guilty of constructive desertion before passing of the decree and later on, by not executing that decree and not bringing ... guilty of desertion rather the husband has committed acts of constructive desertion. About the second contention, he submitted that a Full Bench of this High
matrimonial home. Hence, he was guilty of constructive desertion before passing of the decree and later on, by not executing that decree and not bringing ... guilty of desertion rather the husband has committed acts of constructive desertion. About the second contention, he submitted that a Full Bench of this High
deserted him. Rather the appellant-husband is guilty of constructive desertion. He cannot be allowed to take advantage of his own wrong and to seek ... matrimonial home by the husband, the husband is guilty of constructive desertion, because the test is not who left the matrimonial home first
deserted him. Rather the appellant-husband is guilty of constructive desertion. He cannot be allowed to take advantage of his own wrong and to seek ... matrimonial home by the husband, the husband is guilty of constructive desertion, because the test is not who left the matrimonial home first
advantage of his
own wrong, as he himself is guilty of constructive desertion
and, therefore, cannot take the plea, that no cohabitation
was resumed between ... sufficient and
reasonable cause. The appellant himself is responsible for
Kanchan
constructive desertion. The FIR lodged by the respondent
2014.02.06 15:21
I attest
ground of desertion when he himself has been guilty of constructive desertion which compelled his wife to stay away from him, has to be disregarded
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
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
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