consistent with no intention to wilfully and obstinately desert is not a desertion." Desertion does not mean mere separate residence and separate living. There ... 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
divorce petition on 2.2.1991 .
3. On 10.10.1991 the appellant-husband filed another divorce petition under Section 13 of the Act on the ground of desertion ... divorce was upheld .
26. In Sada Nand's case (supra), husband filed the divorce petition on the ground of cruelty and desertion which
short "the Act') for seeking divorce on the ground of desertion had till then not lapsed. If a ground for seeking divorce ... desertion throughout the entire filing period of two years before filing the petition as well as that such desertion was without just cause.
16. Desertion
hallow offer to frustrate appellants attempt to seek divorce on the ground of desertion. He has relied on Ramesh Kumar Gambhir v. Sudesh Gambhir ... ground of cruelty or desertion. Simply by proving the factum of desertion, he cannot obtain a decree of divorce on this ground, unless he proves
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
marriage but when such re-marriage
is annulled by divorce, desertion or death of the
second husband her pension may be restored
upon proof that
under Section
13 of the Hindu Marriage Act seeking divorce on the ground of desertion
and cruelty, the husband has preferred the present appeal ... ground of desertion. In other words, having deserted
the husband, the wife had come forward with a prayer for divorce on the
ground of desertion
marriage but when such re-marriage is annulled by divorce, desertion or
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claim of the appellant for seeking a decree of divorce on the ground of
desertion. It is further argued that as the respondent left ... deponent, has filed a petition for grant of divorce
on the ground of desertion. The deponent has no
objection, in case, the said divorce
marriage but when such re-marriage is
annulled by divorce, desertion or death of the
second husband her pension may be restored upon
proof that
