grounds of (i) cruelty under Section 13(1)(ia) , (ii) desertion under Section 13(1)(b) and (iii) that the wife was suffering from mental ... under :
(i) Cruelty as contemplated under Section 13(1)(ia) ;
(ii) Desertion as contemplated under Section 13(1)(ib) ;
(iii) Wife's suffering from
respondent-husband for judicial separation on the ground, inter alia, of desertion under the Hindu Marriage Act, 1955 , being Marriage Petition ... issues, in which the second issue related to question of desertion for the statutory period. The learned Judge then set out the substance
Division, Dhule for restitution of conjugal
rights alleging that the wife had deserted him without any reasonable cause and without his consent and against ... decree for divorce in favour of the husband on the ground of desertion by the wife, the application for maintenance by the divorced wife
divorce on the ground of mental cruelty on the basis
of desertion by the appellant. The parties went to
trial and on the basis ... appellant. On the contrary, it was the
appellant who was guilty of deserting the respondent
for no justifiable cause and the same, therefore,
entitled
their husbands as wives even though they are subjected to cruelty or desertion. They are, therefore, deprived of their right to life and personal liberty ... divorce a mensa et thoro,
or of adultery coupled with desertion, without reasonable excuse, for two years or upwards."
17. Confirmation of decree
point of importance and interest arising out of judicial separation, namely, whether desertion by a spouse on which ground a decree for judicial separation ... City Civil Court at Bombay for judicial separation on the grounds of desertion, cruelty and adultery. The husband filed his written-statement denying the said
decree for judicial separation on the ground that Indubai had deserted the petitioner for a continuous period of more than two years. That petition ... evidence, the learned District Judge, Indore, held that Indubai had wilfully deserted the petitioner for a continuous period of over two years before the presentation
live with him;
(3) if he is guilty of desertion, that is to say, of abandoning her without her consent or against her wish ... live with Mm, or,
(3) he is guilty of desertion, that is to say, of abandoning his wife without her consent and against her wish
Hindu Marriage Act , on the ground of desertion by wife. The said petition came to be decreed on 30-9-1982 and the divorce ... rejecting that relief for the wife on the ground that she had deserted her husband. After this decision, the respondent-husband preferred
Delegates found that the defendant was guilty of constructive desertion of the plaintiff without lawful cause and against his wishes for a period of over ... facts the plaintiff, in paragraph 17 of the plaint.
pleaded constructive desertion by the defendant in the following manner:--
"The plaintiff says and submits