AIR 1985 PUNJAB AND HARYANA 232 ::(1985) MatLR 315

Punjab And Haryana High Court

Hon'ble Judge(s): M. M. Punchhi , J

Hindu Marriage Act (25 of 1955) , S.13(1) Expln— Desertion - Animus deserendi - Existence of - Necessary - Desertion by wife alleged - Nature of onus on husband - Animus deserendi not proved - Held husband not entitled to decree for divorce. In its essence, desertion meant the intentional permanent forsaking and abandonment of one spouse by the other without the other's consent, and without reasonable cause. It was taken as a total repudiation of the obligations of marriage. The offence of desertion was said to commence when factum of separation and the animus deserendi co-existed, it being not necessary" that they should commence at the same time. But, ultimately at one point of time the animus deserendi had to co-exist. AIR 1964 SC 40 Foll.(Para 6) The husband, in order to succeed on the ground of desertion, has to initially prove that he on his part was not guilty of such conduct which gave a reasonable cause to the wife to leave the matrimonial home. And if the wife was staying away from him, he was not, in any way, taking advantage of his own wrong. It has to be seen from the evidence led by the parties whether those tests have been satisfied.(Para 7) Where in a petition by husband against wife for divorce under S.13 on ground of desertion it was found that the factum of separation was there ....