question of
desertion, the High Court held that in order to prove a
case of desertion, the party alleging desertion must not
only prove that ... home and that it is the respondent
who is guilty of constructive desertion and had made the appellant and her
daughter run from pillar
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
withdraw from the consortium and thus
it is a case of constructive desertion.
(4) The appeal is dismissed.
(G R MOOLCHANDANI)J. (PRADEEP NANDRAJOG
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
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Bench
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Equivalent citations: AIR2006DELHI125
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Rajesh Kumar vs Director General (Bsf) & Ors. on 16 November, 2009
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