other spouse is forced to stay away is guilty of constructive desertion. Constructive desertion is the expression used to show that the spouse who forces ... absolute divorce instead of a limited divorce.
"To constitute constructive desertion, it is not necessary to show that the defending spouse misconducted himself
part of the deserted spouse, as consent vitiates the idea of desertion)
The simplest example of desertion is where one spouse leaves the matrimonial home ... action which has caused the separation. This is known as 'constructive desertion'. It is not necessary for the husband respondent in order
Wife’s submissions (Crl.R.C.(MD)No. 906 of 2023):
Constructive desertion: husband left alone on 19.04.2021 after
unlawful demands; police sent her with ... husband to cohabit and provide for the wife, amounting to
constructive desertion.
14. The husband’s plea that the wife is employed and earning
more
deserting spouse must have an intention to desert the other spouse;
(c) The deserted spouse must not have agreed to the separation;
(d) the desertion ... spouses has arisen in these circumstances are sometimes called "constructive" desertions'.
30. This desertion may be terminated in the following ways
context
in which it has been used. For example, the word ' desertion' appearing in
Section 13 of the Hindu Marriage Act implies ... vide Lachman v. Meena , (AIR 1964 SC 40). There
can be constructive desertion. The husband and wife may be living together
under the same roof
context in which it has been used. For example, the word desertion appearing in Section 13 of the Hindu Marriage Act implies not only factum ... also animus deserendi, vide Lachman v. Meena , . There can be constructive desertion. The husband and wife may be living together under the same roof
leave the matrimonial home. There was, therefore, no question of constructive desertion by the wife. The grounds of cruelty and desertion are not established
husband sought divorce against the wife on the ground that she had deserted the husband for more than four years prior to the commencement ... that
the fact that the wife pleaded a case of constructive desertion by the husband and failed to establish that case would not necessarily lead
husband sought divorce against the wife on the ground that she had deserted the husband for more than four years prior to the commencement ... that
"the fact that the wife pleaded a case of constructive desertion by the husband and failed to establish that case would not necessarily
among the descriptions of desertion one which has always appealed to courts trying matrimonial causes is that 'desertion' is 'a withdrawal ... same conduct could constitute expulsive conduct founding a charge of constructive desertion and could also be an element of conduct founding a charge of cruelty
