AIR 1991 BOMBAY 315 ::(1991) 2 MahLR 137 ::(1992) 1 HinduLR 6 ::(1991) 2 Bom CR 307 ::(1992) 1 DMC 133

Bombay High Court

Hon'ble Judge(s): A. V. Savant , J

(A) Special Marriage Act (43 of 1954) , S.27(1)(b)— Desertion - What constitutes - Both factum of desertion and animus deserendi must be present and must continue during the entire statutory period. In order to constitute desertion there must be - (a) the factum of separation; (b) the intention to bring co-habitation permanently to an end;- animus deserendi; and (c) the element of permanence which is the prime condition requires that both these essential ingredients should continue during the entire statutory period. Thus if the husband had ill treated the wife or had quarreled with her, whether or not he had assaulted her and, therefore, the wife goes to her father's place temporarily during the Divali period, it is not possible to hold that there was a separation with the intention to bring co-habitation permanently to an end.(Para 10) (B) Special Marriage Act (43 of 1954) , S.27(1)(d)— Cruelty - Strained relations between the spouses - At husband's instance father-in-law taking the daughter away temporarily during Diwali period - Cannot be termed as act of cruelty. (Para 12) (C) Special Marriage Act (43 of 1954) , S.27(1)(d)— Cruelty - Wife at husband's instance leaving ....