animus deserendi or intention to desert; (iii) desertion should be without consent of the appellant; (iv) desertion should be without any reasonable cause ... evidence, that the factum of separation, desertion being without the consent of the appellant and the desertion continuing across a period of more than
denying the
decree of divorce, on the ground of cruelty and desertion,
this First Appeal has been preferred.
3.2 It is averred by the appellant ... 2015 JUDGMENT DATED: 11/07/2022
continuous desertion of about 11 years is averred to be
sufficient ground for the Court to have considered
place of residence of respondent's parents.
3
Appellant was continuously deserted by respondent wife for
about four years i.e. from ... before filing an application for divorce on the ground of
desertion, period of desertion by either spouse should not be
10
less than two years
hold in favour of
the deceased husband that the appellant has deserted him
continuously for a period of two years prior to his preferring ... provides for grant of divorce
on the ground of desertion for a continuous period of not less
than two year immediately preceding the presentation
record would go to
show that the appellant had not deserted the respondent
continuously for a period of two years prior to filing ... filed on 24.06.2009. Therefore, it
cannot be said there was a continuous desertion on the
part of the appellant for a period of two years
intention to
desert permanently;
MFA No.200381/2017
18
3) The deserted spouse must not have agreed
to the desertion;
4) The desertion must ... seeking divorce
on the ground of desertion.
25. The allegation of desertion may be actual or
constructive. The desertion is not withdrawal from a
particular
emotions between the couple are completely dried
up. There is continuous desertion on the part of the
respondent/wife. The respondent/wife did not abide ... interests of the parties.
Where there has been a long period of continuous separation, it
may fairly be surmised that the matrimonial bond is beyond
party-
(i) xxx xxx
(ia) xxx xxx
(ib) has deserted the petitioner for a continuous
period of not less than two years immediately preceding ... husband/wife
should have deserted continuously for a period of two years
immediately preceding the date of presentation of the
petition
report duty and
disobeyed the orders of the superior authority and deserted continuously
without any leave or permission.
9. The respondents have stated that ... disobeyed the
orders of the superior authority and deserted the services continuously
without any permission or leave. Therefore, the overall conduct and the
seriousness
notice.
6. It is further submitted that there has been continuous
desertion from 25.03.2016 as the respondent has not turned
up. It is further submitted
