conduct
giving reasonable cause to the deserting spouse to leave the
matrimonial home. The offence of desertion must be proved
beyond any reasonable doubt ... affirmation of the doctrine of
constructive desertion in English law. The ingredients of
desertion as well as constructive desertion are the same,
though
side of
the deserted spouse should be absence of
consent and absence of conduct reasonably
causing the deserting spouse to form his or
her intention ... whatever his desire or intention may have
been. The doctrine of constructive desertion
is discussed at page 229. It is stated that
desertion
made out, certainly the husband
would have been guilty of "constructive desertion", because
the test is riot ... prove
desertion without cause for the statutory period of four
years, that is. to say, that the deserting spouse must be in
desertion throughout
desertion.
According to that statement for the offence of desertion
there must be two elements present on the side of the
deserting spouse, namely ... whatever his desire or intention may have been. The
doctrine of constructive desertion" is discussed at page
229. It is stated that desertion
welfare. Therefore,
according to the respondent, in fact the cruelty and desertion have been
committed by the appellant ... leave her matrimonial home. Hence the
appellant has committed constructive desertion of the respondent.
7. Learned counsel appearing on behalf of the appellant submitted that
absence is straightaway desertion.
13. As we mentioned earlier neither the expression 'deserter' nor the expression 'desertion' is defined ... Section (1)-Desertion is distinguished from absence without leave under AA. Section 39 , in that desertion or attempt to desert the service implies an intention
consent, and without
reasonable cause. For the offence of desertion so far as deserting
spouse is concerned, two essential conditions must be there ... same roof.
Desertion cannot be equated with separate living by the parties to the
marriage. Desertion may also be constructive which can be inferred
from
reference was made re-
garding the conduct of'M' in deserting him and in any event
if she changed her mind and agreed ... income
from item I of the suit properties and that she should
construct a house in item referred to in the will and to
live
residential house
constructed in the disputed land by one of the
accused 20 years ago which house was remaining
deserted. With the above scenario
Gujarat objected to the proposal of the State of
Madhya Pradesh to construct Maheshwar and Harinphal Dams over the
river Narmada in its lower reach ... agreement reached
between the States of Madhya Pradesh and Maharashtra to jointly
construct the Jalsindhi Dam over Narmada in its course between the two
States
