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
home and that it
is the respondent who is guilty of constructive desertion and had made the
appellant and her daughter run from pillar
held that the
essential elements for the offence of desertion, so far as the
deserting spouse is concerned, are (i) the factum of separation ... same intention, to leave him. This is the doctrine of
constructive desertion.
11
11. In Adhyatma Bhattar Alwar v. Adhyatma
Bhattar Sri Devi
continuous and unabated
cruelty meted out on her. The respondent had
constructively deserted the petitioner from 20.2.2004.
The marriage is irretrievably broken and hence ... have no hesitation to hold that the
respondent is guilty for constructive desertion as laid
down by the Hon'ble Supreme Court in Ravikumar
appellant at best can fall within
the ambit of "constructive desertion" and therefore, could not have been a
reason for passing the decree
petitioner is a
deserted lady and is living on the part of land bearing Khasra No.1253
and house is constructed over the land ... which shows that the petitioner has been deserted by her husband and
she residing in the house constructed over Khasra No.1253
sheds are
necessary for the travelling public. If any illegal or unauthorised
constructions of the bus waiting shed are in existence, any action in
this ... EXHIBITS:
EXHIBIT P1 PHOTOGRAPH OF THE DESERTED BUS STATION AT KAMBALAKKAD
EXHIBIT P2 PHOTOGRAPH OF THE DESERTED BUS STATION AT KAMBALAKKAD
EXHIBIT P3 PHOTOGRAPH SHOWING
income
and that it was he who constructed the house also. He also denied
that there was joint cultivation and sharing of agricultural income ... since the appellant was taking care of him while the
plaintiff had deserted him. That is why, the first defendant settled
the suit items
born, who are still alive and are with him. His wife Kushuma deserted him one year back and gone to village Bauri started living with ... murder of the wife and children of Ramanand, his wife Kushuma deserted him and had gone to village Bauri to the house of Guddu
admeasuring
5.34 HR. i.e. 53,400 sq. mtrs., situated in a deserted village
Pratappur, which is at a distance of 5 kilometers from ... open plot and @
Rs1,100/- per square meter for the constructed area. In the
case in hand, the compensation determined
