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
other foot and that it was a case of constructive desertion on the part of the husband himself.
Pending the hearing of the petition ... such cruelty as could give rise to the inference of constructive desertion on the part of the husband. At the same time, however, the learned
petitioner was himself the sole cause of desertion which was the constructive desertion practiced by himself against the respondent by driving ... case of desertion by the wife, was a case of constructive desertion by the husband himself because it was he who would be deemed
that the defendant to the counter-claim is guilty of constructive desertion. In the very special and peculiar facts and circumstances of this case ... would be entitled to a similar decree on the ground of constructive desertion.
6. I pass the following decree:
There will be a decree
Mozelle Robin Solomon vs Lt. Col. R.J. Solomon on 3 February, 1968
Equivalent citations
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
that it is not necessary for the deserting spouse to leave the home in
order to constitute desertion. If one spouse ... cohabit equally constitutes desertion. This is the
principle of 'Constructive Desertion.'
5. In the present case, we find that the respondent has established
Jewish plaintiff was the wife and she relied on cruelty, constructive desertion, and adultery. It is not an authority that a wife's adultery
respondent/husband towards appellant-wife was always affectionate. Regarding constructive desertion, the Court below found that the appellant-wife failed to establish that respondent-husband
signed by the Petitioner in Bombay. Fifthly, the constructive desertion of the Petitioner by the 1st Respondent had taken place in Bombay. Sixthly, Respondent ... Respondent No. 1 by the application of the principle of constructive desertion and/or whether there was such a cruelty s to cause reasonable apprehension
