desertion.
The offence of desertion is a course of conduct which exists
independently of its duration, but as a ground for divorce it must ... 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
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
divorce and the Court below is not
justified in granting a decree for divorce on the ground of cruelty
and desertion. She had relied ... divorce on that ground as well and rightly granted the relief of
divorce both on the grounds cruelty and desertion and we do not
find
entitled
for divorce on that ground.
21. That takes us to consider the next ground of
divorce, namely, desertion under section ... desertion. The factum of desertion and the
intention of a party to bring cohabitation permanently to
an end are the essential ingredients of legal desertion
amount to desertion. It further held : (AIR pp. 183-184, para 10)
"For the offence of desertion, so far as the deserting spouse ... been commenced, desertion comes to an end and if the deserted spouse unreasonably refuses the offer, the latter may be in desertion
divorce cannot be granted to him.
[18] Apparently, appellant's petition for divorce is founded solely on the
ground of desertion. Clause ... husband has been able to prove desertion
against his respondent wife.
[20] Desertion for the purpose of divorce has not been defined anywhere
husband/Appellant before his filing the
application for divorce. Therefore, the ground of desertion taken by
the Appellant for grant of a decree of divorce ... sustainable.
24. In support of the ground of desertion taken for grant of divorce,
Learned Counsel appearing for the Appellant has placed reliance
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 the offer, the latter may be in
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 ... been commenced, desertion comes to an
end and if the deserted spouse unreasonably refuses to
7
offer, the latter may be in desertion
divorce. It was urged that the respondent/husband was entitled to a decree of divorce as he had established grounds of desertion and cruelly ... husband/respondent's petition, that his main plank for seeking divorce was desertion by the appellant/wife. Elaborating on the meaning and purport
