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
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
judicial separation on the ground that the
other party-
(a) has deserted the petitioner for a
continuous period of not less than two years
immediately ... this section, the expression
'desertion', with its grammatical variations
and cognate expressions, means the desertion
of the petitioner by the other party
15th of July,
1995 and passed the decree of divorce on the ground of desertion by the
respond-ent.
During the pendency of the suit ... divorce under Section 13 of the Hindu
Marriage Act. It is contended that since the decree of divorce was passed
on the ground of desertion
inheritance of land,
forest rights and social customs like marriage, divorce,
desertion, child support, death, birth etc." Santhals, one
of the largest tribes
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 ... been commenced, desertion
comes to an end and if the deserted spouse
unreasonably refuses to offer, the latter may
be in desertion
grant of divorce was under Section 13(1)(ib) of the Act. It
provides for grant of divorce on the ground of desertion ... concept of desertion, this Court in
Savitri Pandey v. Prem Chandra Pandey [5] has ruled thus:-
“Desertion”, for the purpose of seeking divorce under
finding
recorded in the earlier proceeding that she had deserted her
husband, a decree for divorce may be passed against her on
the ground ... husband on the ground that the petitioner had
deserted him.
While his petition for divorce was pending against the
petitioner, the husband filed a complaint
well settled as to what
could be said to be “Desertion” in the divorce
proceedings filed under Section 13 of the said Act.
The expression ... part of the deserted
spouse and the conduct of the deserted spouse
should not give a reasonable cause to the
deserting spouse to leave
divorce was passed.
12. In the impugned judgment, while setting aside the
decree of divorce, the High Court held that the ground of
desertion ... filing the divorce petition in 2013 continued without any
reasonable cause. Therefore, a decree for divorce on the
ground of desertion under Section
