relating to marriage and divorce available under the Special Marriage Act, 1954 . The grounds for divorce include desertion of the petitioner by the other spouse ... down the various grounds for divorce. Grounds for divorce are common for both husband and wife. Cruelty and desertion have been recognised as independent grounds
same, therefore,
entitled the respondent for grant of divorce on
account of desertion resulting in cruelty. It was
further
breakdown of
igurged that there ... amendment the
respondent was permitted to raise the ground of
divorce on account of desertion under Section 13(1)
(i-b) of the said
relating to marriage and divorce available
under the Special Marriage Act, 1954 . The grounds for divorce include desertion of the petitioner by the other spouse ... down the various grounds for divorce. Grounds for divorce are common for both husband and wife. Cruelty and desertion have been recognised as independent grounds
open to a party deserted to rely on the prior four years' desertion and obtain a divorce. Therefore, desertion is not an offence which ... difficult to say of desertion in matrimonial law that any deserted party acquires a right to obtain divorce on the ground of desertion merely because
simple desertion there is an
abandonment, whereas in constructive desertion
there is expulsive conduct."
The ingredients of desertion as well a
constructive desertion ... cohabitation, it will not
amount to desertion.' For the offrmce of desertion,
so far as the deserting spouse is concerned, two
essential conditions must
date when petition for divorce
on the ground of cruelty was filed. The present petition for
divorce in desertion contains different cause of actions ... divorce on the ground of desertion, premised upon
constructive desertion, was available to him when he preferred the first
divorce petition being
Husband and Wife-Divorce-Desertion-Ingredients of Desertion-
Intention-Animus Deserendi-Statutory period of separation
-Burden of proof-Bombay Hindu Divorce Act, 1947 (Bom. XXII ... cohabitation, it will
not amount to desertion.' For the offence of desertion, so
far as the deserting spouse is concerned, two essential
conditions must
Indian Divorce Act, 1869 . The grounds of divorce under the 1857 Act were mechanically incorporated within the Indian Divorce Act . The Indian Divorce ... divorce a mensa et thoro, i.e., judicial separation under Section 22 . In fact, the Divorce Act in Section 10 provides for divorce
arguments for and against desertion in this case. Desertion is defined under Section 3(6) of the Indian Divorce Act as implying "an abandonment ... person making the charge of desertion. Again desertion in order to be a ground for divorce under the last clause of Section
will not amount to desertion. It further held:
"For the office of desertion, so far as the deserting spouse is concerned, two essential conditions ... been commenced, desertion comes to an end and if the deserted spouse unreasonably refuses to offer, the latter may be in desertion
