affirmation of the doctrine of
constructive desertion in English law. The ingredients of
desertion as well as constructive desertion are the same,
though ... deserted
spouse) to appeal to the deserting spouse to change her
mind, and the circumstance that the deserted husband makes
no effort to take steps
husband. The husband made efforts to bring her back but the wife refused to go back to the matrimonial home. The husband filed Civil Suit ... Civil Court had determined the issue of desertion and held that the wife had deserted the husband without reasonable cause and without his consent
such an order was to terminate the continuance of the desertion by the husband. Cozens Hardy M. R. observed -
"By obtaining the order ... continuing to desert her. Both the Courts below had continued on the wrong of desertion had continued on the part of the husband
this time the wife made up her mind to desert the husband forever and from November, 1954, began to live with her mother and sister ... husband. Accordingly she stayed with the husband at the Lansdown Road residence and after August 1952, at the Lake Place Road residence of the husband
cruelty and
sec.13 (1) (ib) on the ground of desertion.
THE HUSBAND'S PLEADINGS
2. The case of the respondent/husband ... correctness
of the finding regarding desertion, whether the
respondent/husband has proved desertion for the
purpose of obtaining a decree of divorce?
D) Whether
established by the person deserted that there has been an intention of deserting spouse to desert and to run away from the marital obligation ... deserted spouse) to appeal to the deserting spouse to change. Her mind, and the circumstance that the deserted husband makes no effort to take steps
live with her husband, that she is even now willing to live with her husband, that the husband never asked her to come and live ... part of the deserted spouse, as consent vitiates the idea of desertion)
The simplest example of desertion is where one spouse leaves the matrimonial home
Once desertion, as defined earlier, is established there is no obligation on the deserted husband (taking the case where ... deserted spouse) to appeal to the deserting spouse to change her mind, and the circumstances that the deserted husband makes no effort to take steps
desertion by the husband even though the wife and the husband are living in the same house. There can be no desertion if the husband ... live with the husband. If the wife has to live away from her husband for a just cause, as for instance, husband's virulent
been commenced, desertion comes to an end and if the deserted spouse unreasonably refuses the offer, the latter may be in desertion ... turned out of her marital home by the husband, the husband is guilty of "constructive desertion," because the test is not who left
