desertion - alleged by him from 2011 onwards, since the cause of action for
filing petition for divorce on the ground of desertion, premised upon
constructive ... case of actual desertion. Actual desertion has been
pleaded by the respondent from 14.06.2014 onwards and not before that.
Constructive desertion on the other hand
holding her guilty of desertion by overlooking the settled doctrine of
constructive desertion.
25. It would be submitted by the learned Counsel that the Appellant ... Counsel would also submit that the Appellant's plea of
constructive desertion was unfounded, since her allegations of
hostility and ill-treatment
Magistrates held that there was no cruelty but there was constructive desertion. The Divisional Court held that there was no constructive desertion either. Sir Jocelyn ... leave him and may, apart from cruelty, even complain of constructive desertion or willfully neglect by the husband. What then has the wife here
June 1973. So he, rather than the appellant, is guilty of constructive desertion As observed by the Supreme Court in Bipinchandra Jaisinghbai Shah (supra ... been made to leave the marital home."
(9) Thus, constructive desertion by a husband may be established where he persisted, in spite of warning
evidence to connect her with the said incident. On the question of desertion, the learned Single Judge has held that it was the wife ... husband out of the matrimonial home. Applying the doctrine of constructive desertion, the learned Single Judge has held that though the present is a case
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
would clearly prove and establish that there was apparent and clear constructive desertion on the part of the petitioner as he was avoiding active duty ... provisions of Section 18 of BSF being a case of constructive desertion. Since the petitioner was not available and his presence could not be made
court held that in actual desertion as well as .on constructive desertion, it is necessary to prove both factum and animus-acts amounting to expulsion ... also observed that it is seldom that conduct relied on as constructive desertion will amount to a matrimonial offence, for if it did, the petition
merits, whereby the trial court had declined to accept his allegations of desertion on the part of the respondent or cruelty, and came ... Court, can the courts still give the benefit of principle of constructive desertion in favor of such a spouse. (sic.)
(B)Where there
Kirpalani 's case (supra) quoting from Rayden Divorce, 7th edition:
"Desertion is not to be tested by merely ascertaining which party left ... same intention, to leave him. This is the doctrine of constructive desertion."
35. We have in an earlier case reported as 1988 (2) Delhi
