parting of the spouses has arisen in such circumstances, are called constructive desertions end the apouse responsible for creating the situation in which the other ... spouse is forced to stay away, is guilty of constructive desertion. The words 'wilful neglect' in Explanation to Sub-section (1) of Section
petitioner was himself the sole cause of desertion which was the constructive desertion practiced by himself against the respondent by driving ... case of desertion by the wife, was a case of constructive desertion by the husband himself because it was he who would be deemed
respondent failed to prove the
ground of desertion or even the constructive desertion on
FAO No. 46/1995 Page 5 of 25
the part ... desire or intention may
have been. The doctrine of "constructive desertion" is
discussed at page 229. It is stated that desertion
Rayden on Divorce, Ninth Edition, at page 175, the following passage occurs:
Desertion is not to be tested by merely ascertaining which party left ... necessary to show in a case of constructive desertion some definite evidence of a clear intention on the part of one spouse to drive
present case.
The pendency of the divorce petition on the ground of desertion would not disable the court from passing its order under ... restrained from sharing the household, this by itself would amount to constructive desertion by the husband. Therefore, the said argument is selfdefeating.
Lastly, the discretion
premises occupied by
her, it was a case of constructive desertion. Appeal, so
filed by the husband stood dismissed by this Court vide
judgment dated
petition for divorce on the ground of desertion where wife pleads constructive desertion nor a husband's petition for restitution of conjugal rights where
respondent husband in his
evidence affidavit that the petitioner wife has herself deserted him
without any sufficient reason and justification and, therefore ... Cont.......... 10/21
- : 11 : -
there is a constructive desertion on his part.
48. In his cross examination by Ld. Counsel for petitioner, he denied
that
instigation of A2 to A4 for constructing a house at Kuthambakkam. She has further stated that the revision petitioner / A1 frequently used to beat ... cause cruelty on the defacto complainant and finally deserted her by causing her mental agony. During the said period, A2 to A4 were also demanding
borrowed for the purpose of constructing a house in
the site belonging to C.W. 1, later, deserted her for no reason.
Therefore, having left
