withdraw from the consortium and thus
it is a case of constructive desertion.
(4) The appeal is dismissed.
(G R MOOLCHANDANI)J. (PRADEEP NANDRAJOG
company. Thus,
it was held that the appellant/ husband had committed constructive desertion of the
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respondent/wife. It was therefore
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
desertion
by the deserting spouse there should be reason
sufficient enough for such spouse not to reconcile
with the deserted spouse. But where the deserting ... society of the deserted
spouse without any reasonable cause, the ground
of desertion shall be available to the deserted
spouse."
23. In view
persuaded her to
live separately. The appellant himself appears guilty of constructive
desertion and not the respondent-wife. Hence, the appellant cannot
take advantage
alternative, for a decree of divorce on the ground of desertion. The
husband has frankly come forward with a case that he was willing ... desertion may also be terminated by supervening animus revertendi
expressed by a genuine offer to return to the deserted spouse or in case of
constructive
account of allegations of cruelty not being
proved.
(10) As regards desertion, the respondent admitted the fact
of leaving the matrimonial house but pleaded ... being beaten and harassed for dowry.
The respondent has thus proved constructive desertion.
(11) The appeal is accordingly dismissed.
(12) No costs.
(G R MOOLCHANDANI
conjugal rights. As
per the respondent it was a case of constructive desertion. After
the birth of a second child she was constantly harassed
learned Judge, Family Court that
it is a case of constructive desertion is thus correct.
7. The appeal is dismissed.
(G R MOOLCHANDANI),J (PRADEEP
dismissed the application observing that there had been a
constructive desertion on the part of appellant herein, which
continued till date. Therefore, it could
