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
earnest
4
efforts to return. This, she argued, amounted to "constructive desertion"
on the husband's part. She further claimed the husband ... disputes the finding of desertion, characterizing
her withdrawal as "constructive desertion" due to the intolerable
circumstances created by the husband, and highlights
Sangeeta Gera vs Sanjeev Gera on 22 September, 2025
$~
* IN THE HIGH COURT OF DELHI
respondent. And if it had been the intention of the respondent to desert
the petitioner she would not have sent a letter to the petitioner ... wife. And it appears that it is constructive desertion on his
part. So the petitioner has also not succeeded in satisfying the
ingredients of desertion
elaborated and
shed light on the concept of desertion in the following words.
"Desertion in order to seek divorce under the Act means ... desire
or intention may have been. The doctrine of "constructive
desertion" is discussed at page 229. It is stated that
desertion
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
taken the aforesaid fact for
the purpose of proving the element of desertion but the
learned family court has not gone into the issue that ... respondent no. 1-
husband, who is guilty of constructive desertion and had
made the appellant-wife and her son to run from pillar to
post
consent, and without reasonable cause. For the offence of
desertion so far as the deserting spouse is concerned, two essential
conditions must be there ... Signing Date:31.10.2025
17:03:11
parties to the marriage. Desertion may also be constructive which
can be inferred from the attending circumstances
divorce against his wife on the ground of
desertion. Presently, he is residing in the house constructed by his father at
Hirapur, Dhanbad
divorce against his wife on the ground of
desertion. Presently, he is residing in the house constructed by his father at
Hirapur, Dhanbad
