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    Dessertion

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    Neel Misra
    Under Hindu law, desertion for a continuous period of at least 2 years without reasonable cause is grounds for divorce. There must be an intention by the deserting spouse to permanently end cohabitation without consent from the other spouse. In cases like Pradip Kumar Kalita v. Hiran Provo Kalita and Shanti v. Ramesh, refusal of demands like resigning from a job or refusal to keep a wife with parents did not constitute desertion by the wives. Desertion can be actual, constructive, supervening, or mutual. Desertion ends with resuming cohabitation, intimacy, or a sincere offer of reconciliation by the deserting spouse.

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    Dessertion

    Uploaded by

    Neel Misra
    166 views6 pages
    Under Hindu law, desertion for a continuous period of at least 2 years without reasonable cause is grounds for divorce. There must be an intention by the deserting spouse to permanently end cohabitation without consent from the other spouse. In cases like Pradip Kumar Kalita v. Hiran Provo Kalita and Shanti v. Ramesh, refusal of demands like resigning from a job or refusal to keep a wife with parents did not constitute desertion by the wives. Desertion can be actual, constructive, supervening, or mutual. Desertion ends with resuming cohabitation, intimacy, or a sincere offer of reconciliation by the deserting spouse.

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    Under Hindu law, desertion for a continuous period of at least 2 years without reasonable cause is grounds for divorce. There must be an intention by the deserting spouse to permanently end cohabitation without consent from the other spouse. In cases like Pradip Kumar Kalita v. Hiran Provo Kalita and Shanti v. Ramesh, refusal of demands like resigning from a job or refusal to keep a wife with parents did not constitute desertion by the wives. Desertion can be actual, constructive, supervening, or mutual. Desertion ends with resuming cohabitation, intimacy, or a sincere offer of reconciliation by the deserting spouse.

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    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    166 views6 pages

    Dessertion

    Uploaded by

    Neel Misra
    Under Hindu law, desertion for a continuous period of at least 2 years without reasonable cause is grounds for divorce. There must be an intention by the deserting spouse to permanently end cohabitation without consent from the other spouse. In cases like Pradip Kumar Kalita v. Hiran Provo Kalita and Shanti v. Ramesh, refusal of demands like resigning from a job or refusal to keep a wife with parents did not constitute desertion by the wives. Desertion can be actual, constructive, supervening, or mutual. Desertion ends with resuming cohabitation, intimacy, or a sincere offer of reconciliation by the deserting spouse.

    Copyright:

    © All Rights Reserved
    Download as PPTX, PDF, TXT or read online from Scribd
    Download as pptx, pdf, or txt
    of 6

    DESSERTION AS A GROUND FOR

    DIVORCE IN INDIA

    Neel Misra
    B- 18
    BBA LLB IV SEMESTER
    • Under the Hindu law, section 13 (1) (ib) of the Hindu
    Marriage Act, 1955 mentions desertion as a ground for
    divorce.
    • uninterrupted period of not less than 2 years immediately
    after which petition is presented.
    • without a reasonable rationale and without or against the wish
    of such party, and includes the willful neglect of the petitioner
    by the other party to the marriage
    ESSENTIAL ELEMENTS OF DESSERTION
    It was in Bipinchandra Jaisinghbai v. Prabhavati that the court gave two
    essential elements:
    (i) fact of desertion
    (ii) the intention to end cohabitation permanently.
    (iii) absence of consent
    (iv) the absence of conduct that gives reasonable ground to the spouse
    leaving the matrimonial home
    Pradip Kumar Kalita v. Hiran Provo Kalita

    It was held that a wife who left her matrimonial


    home and stayed with parents because of the
    refusal of the husband to keep her was not guilty
    of desertion.
    Shanti v. Ramesh

    Justice Katju observed, that just because a wife


    refuses to resign from her job on her husband’s
    demand, she cannot be held to have withdrawn
    from his society.
    TYPES OF DESSERTION
    • ACTUAL DESSERTION
    • CONSTRUCTIVE DESSERTION
    • SUPERVENING DESSERTION
    • MUTUAL DESSERTION

    END OF DESSERTION
    • Resuming cohabitation
    • Resuming Marital Intercourse
    • Offering to reconciliate (Animus revertendi )

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