allegations of respondent's misbehavior remained unsubstantiated. The
defence of constructive desertion by the respondent/ husband is
unsubstantiated in the facts of the present ... 2009 Page 7 of 15
Edn., the expression 'constructive desertion' is explained at p. 155 thus:
"Desertion is not to be tested
with regard to the
elements of desertion According to that statement for the offence of
desertion there must be two elements present on the side ... desire or intention may have been. The
doctrine of "constructive desertion" is discussed at page 229. It is stated
that desertion
opposed by Renu Kumari, inter alia, on the ground of
constructive desertion.
.
5. Based on respective pleadings of the parties,
trial Court framed the following ... Renu Kumari with regard to the various atrocities,
cruelties and constructive desertion.
17. Now if husband fails to maintain his wife or
makes various demands
resisted by the husband, inter
alia, on the ground of constructive desertion. During the
pendency of such proceedings, in an application, so filed
conclude by bringing the curtains down holding that neither
cruelty nor desertion have been proved. Gurmeet's drunkenness ... conduct of Gurmeet would be in law be a
case of constructive desertion and thus the appeal is allowed. Impugned
judgment and decree dated April
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
hereinafter referred to as 'the plaintiff') on
the ground of desertion, as defined under Section 13(1)(i-b) of
the Hindu Marriage ... obstruction of a happy marital
[2] SBCMA 1119/2002
life and constructive desertion by himself. Counsel submitted that
these aspects of the matter were
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
between the petitioner and the
respondent is not in dispute. Alleging constructive desertion,
respondent-wife filed a petition under the provisions of the
Protection
petitioner has cultivated about 50% land (ii)
Husband has deserted her (iii) constructed a house and cow
shed. Accordingly, vide Annexure ... cultivated about 50% of land, her husband has
deserted her and she constructed house when this lease was
regularized. Respondents stated that late Smt. Shanti
