filing of petition for divorce on another ground. The
question, whether the petition for divorce on the ground of desertion is
barred for the reason ... petition
for divorce on any other ground, then certainly the subsequent petition for
divorce on the ground of desertion would be barred. The desertion averred
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
thus it amounts to desertion. The term
"desertion" has been defined in the Divorce Act, 1869 in Section 3
sub section 9 which ... amount to desertion. It further held: (AIR
pp. 183-84, para 10)
"For the offence of desertion, so far as the deserting
spouse
entitled to family pension, but when such remarriage
is annulled by divorce, desertion or death of the second husband, her pension is
liable ... cease on re-marriage
but when such remarriage is annulled by divorce, desertion or
death of the second husband, her pension may be restored upon
arraigned as deserting spouse, by the petitioning spouse. It was held : -
"FOR the offence of desertion, so far as the deserting spouse is concerned ... dissolution of his marriage with the respondent, by a decree of divorce, imputing desertion as well as cruelty to her. We have carefully analysed
excuse, and she had intentionally and willfully deserted him, and had continued in her desertion for a period of more than two years ... Laxman Utamchand Kirpalani 's case (supra) quoting from Rayden Divorce, 7th edition:
"Desertion is not to be tested by merely ascertaining which party
concept of desertion has been defined in
the following words:
"For the offence of desertion, so far as the deserting spouse is
concerned ... case of the respondent to claim divorce on the ground of
desertion.
14. The court in the case of Adhyatma Bhattar (supra)
further observed
been commenced, desertion comes to an end and if the deserted spouse unreasonably refuses the 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 ad be ready and willing
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 ... supra), once desertion, as defined earlier, had taken place, there was no obligation on the deserted husband to appeal to the deserting wife to change
deserting....... Thus, the spouse deserting, if has any reasonable cause or excuse for separating from the other spouse, it will not constitute desertion;
(v) desertion ... 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
