Parsi Marriage and Divorce Act, 1936 ; (4) The Special Marriage Act, 1954 and (5) The Foreign Marriage Act .
1. The Hindu Marriage Act, 1955 .
Section ... lines of the provisions contained in the Hindu Marriage Act Parsi Marriage Act and the Special Marriage Act . In T.M. Bashiam v. M. Victor
Parsi Marriage and Divorce Act, 1936 ; (4) The Special Marriage Act, 1954 and (5) The Foreign Marriage Act .
1. The Hindu Marriage Act, 1955 .
Section ... lines of the provisions contained in the Hindu Marriage Act, Parsi Marriage Act and the Special Marriage Act . In T.M. Bashiam v. M. Victor
period that there has been a
desertion, the deserted spouse must affirm the marriage and
be ready and willing to resume married life on such ... consummating the marriage. Cohabitation by
the parties is an essential of a valid marriage as the object of the
marriage is to further the perpetuation
line with the Hindu Marriage Act, the Parsi Marriage Act and the Special Marriage Act 1954. Indeed, the Special Marriage Act even provides for divorce ... lines of the provisions contained in the Hindu Marriage Act, Parsi Marriage Act and the Special Marriage Act . In T.M. Bashiam v. M. Victor
been commenced, desertion comes to an end and if the deserted spouse unreasonably refuses to offer, the latter may be in desertion ... period that there has been a desertion, the deserted spouse must affirm the marriage and be ready and willing to resume married life on such
section the expression 'desertion' means the desertion of the petitioner by the other party to the marriage without reasonable cause and without ... Para 575 where desertion has been defined thus :
"Para 575 - Desertion as proof of irretrievable breakdown of marriage -
The Court may find that
extreme circumstances may use the ground of irretrievable breakdown of marriage for dissolving marriage. In the matter of Chetan Dass V.Kamla Devi, reported ... stratagem to interrupt the continuous period of desertion. That being so, the alleged desertion of the respondent came to an end on 9th November
other words it is a
total repudiation of the obligations of marriage. Desertion is
not the withdrawal from a place but from a state ... prove desertion
against his respondent wife.
[20] Desertion for the purpose of divorce has not been defined anywhere
in the Hindu Marriage Act . The expression
reasonable but, unfortunately irretrievable breakdown of
marriage was not a ground for dissolution of marriage under the
Hindu Marriage Act . According to the Supreme Court ... period that there has been a desertion, the
deserted spouse must affirm the marriage and be ready and willing to
resume married life on such
desertion.
Explanation :- In this Sub-section the expression 'desertion' means the desertion of the petitioner by the other party to the marriage without ... aspect of desertion is termed as constructive desertion. Thus, desertion may be classified under the following heads :-
(a) Actual desertion,
(b) Constructive desertion
