responsible for the driving out is guilty of desertion which means constructive desertion. The Supreme Court in the case Bipin Chander Jaisinghbhai Shah v. Prabhawati ... marital home by the husband, the husband is guilty of constructive desertion. The test is not who left the matrimonial home first. If one spouse
well come to the conclusion that it is a case of constructive desertion. In the decision reported in Jyotish Chandra v. Meera Guha ... responsible for the driving out is guilty of desertion which means constructive desertion. This decision is basing on the decision of the Supreme Court reported
been guilty of
desertion from June 2002. There was allegedly constructive
desertion. They both were sharing the same roof but occupying
different rooms from June ... November 2002 and thereafter at
any rate there was constructive desertion on the part
of the wife.
Ground Nos.1 and 2
10. As both
responsible for the driving
out is guilty of desertion which means constructive desertion.
Where the wife is forcibly turned out from her marital home ... husband, the husband is guilty of constructive desertion.
The test is not who left the matrimonial home first. If spouse
by his words and conduct
considered that the respondent has deserted the petitioner, the desertion being a constructive one."
7. Learned Counsel for the petitioner invited my attention ... well come to the conclusion that it is a case of constructive desertion. If one spouse is forced by the conduct of other to leave
that it was the petitioner who was guilty of constructive desertion
and cruelty. Until 16.10.1996 this respondent had been
frequently visiting the petitioner ... petitioner's
mother. The petitioner is guilty of constructive desertion and
cruelty. This respondent is not guilty of any of the matrimonial
offences alleged
without forfeiting her claim to maintenance,---
(a) if he is guilty of desertion, that is to say of abandoning her without reasonable cause and without ... Section 18 . According to him the respondent (husband) was guilty of constructive desertion in that the appellant could not have consortium of her husband during
normal marital life which will come within the ambit of
"constructive desertion".
12. In this situation, we have considered the
behaviour
because of the cruel acts of the respondent. Therefore, there is constructive desertion on the part of the respondent, for the last four years they
leave him and may, apart from cruelty, even complain of
constructive desertion or willful neglect by the husband."
64. What is observed
