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INFO :
R 1972 SC 459 (5)
ACT:
Husband and wife-judicial separation-Desertion without just-
cause-offer to return ... respondent to join her
husband and therefore negatived any animus to desert or to
continue the desertion, if there
Supreme Court of India
been living separately since August,
1969 and has deserted the husband without any reasonable cause. Thus, a
decree for dissolution ... from cohabitation is not
necessarily the deserting party. The fact that a husband makes an
allowance to a wife whom
Rajasthan High Court
time the wife made up
her mind to desert the husband forever and from November, 1954,
began to live with ... statements. The wife in the circumstances
charged the husband with desertion and cruelty and apart from other
marital offences
Calcutta High Court
earlier, is established there is no
obligation on the deserted husband (taking the case he is the
deserted spouse ... change her
mind, and the circumstance that the deserted husband makes no effort
to take steps to effect a reconciliation
Calcutta High Court
affords justification for a repudiation of the duty. A husband
deserts his wife if he wilfully absents himself from ... actively expressed wishes of the other party, a husband nonetheless
'deserts' his wife because she uses expressions to the effect
Madras High Court
other point whether the husband was guilty of
desertion of the wife and after judicial separation. Now, the desertion ... order was to
terminate the continuance of the desertion by the husband. Cozens Hardy
M. R. observed -
"By obtaining
Bombay High Court
Civil Court holding that the wife had deserted the husband.
Against the order refusing maintenance, the wife moved the revisional ... desertion and held that
the wife had deserted the husband without reasonable cause and without
his consent and against
Bombay High Court
back rather she all the times intend to desert
the respondent husband. Needless to mention that such desertion or
separation ... Bhattacharjee was cited
for the proposition that the husband alleging desertion had to prove
that there had been no reasonable
Calcutta High Court
claim for separate maintenance
and these are:
a) husband's desertion;
b) his cruelty;
c) his suffering from a virulent ... being awarded
to the wife who has been deserted by her husband, that is to say,
abandoned by him without
Madras High Court
said O.P. was filed by the respondent/husband under sec.13(1)(ia)
of the Hindu Marriage ... ground of desertion.
THE HUSBAND'S PLEADINGS
2. The case of the respondent/husband in the petition for
divorce
Kerala High Court
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