Desertion as a Ground for Divorce
Desertion as a Ground for Divorce
Meaning of Desertion
Desertion means the voluntary and intentional abandonment of one spouse by the other without any reasonable cause or consent, and without any intention to return.
It is a complete repudiation of the marital obligations, breaking the matrimonial bond.
The act must be willful and continuous for a certain minimum period to constitute desertion.
Essential Elements of Desertion
Physical Separation:
One spouse must physically leave or refuse to live with the other.
Voluntary and Intentional:
The desertion must be without the consent or against the wishes of the deserted spouse.
Without Reasonable Cause:
The desertion should be unjustified; i.e., not due to cruelty or mutual agreement.
Continuous Period:
The desertion must continue for a minimum specified time period (usually two years) to qualify as ground for divorce.
Intention to Desert:
The deserting spouse must have the intention not to return.
Desertion under Various Personal Laws in India
Under Hindu Marriage Act, 1955 (Section 13(1)(ib)):
Desertion for a continuous period of not less than two years is a valid ground for divorce.
Under Indian Divorce Act, 1869 (Section 10(1)(b)):
For Christians, desertion for a continuous period of two years immediately preceding the petition is a ground for divorce.
Under Special Marriage Act, 1954 (Section 27(1)(b)):
Desertion for a continuous period of two years is a ground for divorce.
Under Muslim Law:
Desertion is recognized as a ground for dissolution of marriage under the Dissolution of Muslim Marriages Act, 1939 (Section 2(f)) where the husband deserts the wife for a period of four years.
Legal Interpretation
Intention:
Desertion requires intention to desert, i.e., a willful and voluntary abandonment.
No Consent:
Separation by mutual consent is not desertion.
Reasonable Cause:
If the spouse leaves for a reasonable cause like cruelty, desertion is not established.
Continuous Period:
The courts emphasize the need for continuous and uninterrupted desertion for the statutory period.
Important Case Laws
Narayanamma v. Narayana (AIR 1972 SC 1266):
The Supreme Court held that desertion involves an intention to forsake the spouse permanently.
T. Sareetha v. Venkata Subbaiah (AIR 1983 SC 130):
Desertion must be coupled with the intention to desert; mere absence does not constitute desertion.
Sowmithri Vishnu v. Union of India (AIR 1985 SC 1618):
Desertion means withdrawal from the matrimonial relationship without consent and without reasonable cause.
K. Anbazhagan v. C. Palaniappan (AIR 1995 SC 2379):
Desertion must be continuous and voluntary.
Conclusion
Desertion as a ground for divorce requires the intentional, voluntary, and continuous abandonment of one spouse by the other without reasonable cause and without consent for a prescribed period (usually two years). Courts carefully examine the facts to establish the presence of willful desertion.
RELATED Blog
0 comments