cease cohabitation, it will
not amount to desertion. For the offence of desertion, so far as
the deserting spouse is concerned, two essential conditions
must ... part of the
deserted spouse and the conduct of the deserted spouse should
not give a reasonable cause to the deserting spouse to leave
appellant had valid cause of
action to file the divorce petition.
(ii) Whether the divorce petition as framed is
maintainable.
(iii) Whether the Appellant-Plaintiff ... party been alive;
Explanation. In this sub-section, the
expression desertion means the desertion
of the petitioner by the other party to the
marriage without
divorce. It was also found by Ld. Family Court
that refusal to file petition for divorce with mutual consent
cannot be a ground for divorce ... present divorce
petition.
11. Per contra, Ld. counsel for the Respondent-
Defendant-wife, however, submits that no ground for divorce
whether cruelty or desertion
petition;
Explanation- In this sub-
section, the expression "desertion" means the
desertion of the petitioner by the other party to the
marriage without ... desertion, we find that there are two kinds of desertion:-
(i) actual desertion and (ii) constructive desertion.
In the case of desertion, it is settled
ground of cruelty and
desertion but the appellant's counsel has stated that desertion is
not a ground for divorce in the present divorce ... desertion, we find that there are two kinds of desertion:-
(i) actual desertion and (ii) constructive desertion.
In the case of desertion, it is settled
present divorce case. The concerned Court failed to consider
that appellant brought the divorce case on the ground of cruelty,
adultery and desertion. The appellant ... desertion,
we find that there are two kinds of desertion:-
(i) actual desertion and (ii) constructive desertion.
In the case of desertion, it is settled
desertion,
we find that there are two kinds of desertion:-
(i) actual desertion and (ii) constructive desertion.
In the case of desertion, it is settled ... been
interpreted that (what could be said to be "Desertion" in the
divorce proceedings filed under Section 13 of the Hindu
Marriage
desertion, we find that there are two kinds of desertion:-
(i) actual desertion and (ii) constructive desertion.
In the case of desertion, it is settled ... Divorce) Case No. 133
of 2015. Thus, appellant has made out a case so as to grant
decree of divorce on the ground of desertion
record the Appellant has clearly
proved cruelty and desertion to get decree of divorce against the
Respondent/Wife. He also submits that the Appellant/Husband ... desertion, he submits
that there is no desertion on the part of the Respondent/Wife. In
fact, it is husband/Appellant who has deserted
respondent-
husband is entitled for a decree of divorce on the ground of
cruelty and desertion and accordingly the marriage between
the respondent-husband ... before this Court:
"Whether the decree for divorce granted on the
grounds of cruelty and desertion by the Family Court,
requires interference