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
advantage of his own wrong and cannot be granted divorce on the ground of desertion on the part of his wife who is still prepared ... deserted him, no Court can grant a decree of divorce on the ground of desertion without an attempt has not been made by the husband
filed for divorce and copy of the Judgment to show that the decree of divorce was obtained on the ground of desertion and that ... desertion, the position of a deserted woman does not improve or the desertion disappears. On the other hand the decree of divorce passed
ground of desertion?
9.Discussion on the ground of Desertion:
Desertion is defined as follows in the “Rayden on Divorce”
“Desertion is the separation ... husband has not filed separate divorce petition and he had filed counter and
seeks divorce on the ground of desertion. He merely repudiated the
allegation
filed for divorce and copy of the Judgment to show that the decree of divorce was obtained on the ground of desertion and that ... desertion, the position of a deserted woman does not improve or the desertion disappears. On the other hand the decree of divorce passed
been commenced,
desertion comes to an end and if the deserted spouse unreasonably refuses to
offer, the latter may be in desertion ... necessary that during all the period that there has been a desertion, the
deserted spouse must affirm the marriage and be ready and willing
whether the trial Court was right in granting divorce on the ground of desertion?"
10. Point Nos.1 and 2:- The marriage between ... treatment, it cannot amount to desertion.
31. "Desertion" for the purpose of seeking divorce under the Act, means the intentional permanent forsaking
Indian Divorce Act requiring a woman wanting to divorce her husband to prove not merely adultery as the husband wanting to divorce his wife ... whole petition, the alleged cruelty and desertion being only- branches. Section 10 , Indian Divorce Act, runs as follows:
"Any husband may present a petition
case the former, and not the latter, is the deserter or is guilty of desertion. In other words, the conduct of one of the parties ... than the statute provides, namely an absolute divorce instead of a limited divorce.
"To constitute constructive desertion, it is not necessary to show that
been condoned, but inaction in presenting divorce petition promptly is not fatal when the ground of divorce is desertion. In such cases, the husband ... that inaction or delay in presenting divorce petition is not a fatal when the ground of divorce is desertion, In such cases the husband
