expression "constructive
desertion" is defined thus, at p. 155:
"Desertion is not to be tested by merely
ascertaining which party left ... abandonment, whereas in constructive desertion
there is expulsive conduct."
The ingredients of desertion as well a
constructive desertion are the same, namely,
animus
further argued that it was the husband who constructively deserted the wife in-asmuch as he treated her cruelly, neglected her and made her life ... learned Civil Judge was justified in holding that there was no constructive desertion on the part of the husband?
(2) Whether the learned Civil Judge
divorce is sought can constitute compulsive conduct founding a charge of constructive desertion and could also be an element of conduct founding a charge ... from the other. This may have bearing on cases of constructive desertion and cruelty of which it may well be said that the same facts
deserter spouse's words and
conduct that would compel the other spouse to leave
the matrimonial home, and such Desertion would be
Constructive Desertion ... filing of the petition). Thus, the
wife is essentially alleging Constructive Desertion.
21. It is based on these allegations as well, the
criminal proceeding
with cruelty?
Point No. 2: Whether the respondent is guilty of constructive desertion?
Point No. 3: Whether the petitioner is entitled to a Decree ... failed to prove that the respondent treated her with cruelty. Regarding constructive desertion, the Court below found that the appellant failed to establish that
spouse seeking divorce
on the ground of desertion.
25. The allegation of desertion may be actual or
constructive. The desertion is not withdrawal from ... intentionally neglects another spouse, then it will be a
case of constructive desertion, even though they are
MFA No.200381/2017
22
living in same
Prabhavati, and the ratio laid down therein and the concept of constructive desertion by husband which is when the wife has been forcibly turned ... acts and the violent behaviour, and the husband is guilty of constructive desertion and it was held that the test
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 ... impossible to extricate one from the other. The Court held that constructive desertion and cruelty can often in substance be the same thing
than 17 years ago, which
aspect clearly demonstrates that wife has completely deserted
the matrimonial home. It is further contended that there has
been ... factual matrix in
the present case clearly demonstrates that there is constructive
desertion. That the purpose of marriage is progeny. Trial
Court's Judgment
marriage.
Para-32. The deserting spouse must
be shown to have persisted in the intention
to desert throughout the whole of the two
year period ... English law, but is only an
affirmation of the doctrine of constructive
desertion. The said doctrine is not rigid but
elastic and without doing violence
