AIR 2002 SUPREME COURT 88 ::2001 AIR SCW 4641 ::(2002) 1 MarriLJ 1 ::2002 (1) Marr LJ 1 ::(2002) 1 MahLR 745 ::(2002) WLC(SC)CVL 69 ::(2002) 1 HinduLR 9 ::(2002) 1 CivLJ 547 ::(2001) 8 Scale 119 ::2002 (1) SCC 308 ::(2002) 1 AllMR 317 (SC) ::2002 (1) All MR 317 ::2002 (1) Cal HN 46 ::(2002) 1 BLJ 834 ::2002 (1) All WC 49 ::2002 (1) BLJR 37 ::2002 BLJR 1 37 ::2002 (1) DMC 94 ::(2002) MatLR 201 ::2002 (22) OCR 107 ::2002 (2) MadLW 201 ::2002 (1) RajLW 122 ::2002 (1) OrissaLR 1 ::(2002) 1 SCJ 95 ::2002 (1) UC 37 ::2001 (8) Supreme 434 ::(2002) 46 All LR 196 ::(2002) 1 JCR 220 (SC) ::(2001) 9 JT 429 (SC)

Supreme Court Of India

(From : Madhya Pradesh)*

Hon'ble Judge(s): D. P. Mohapatra, Doraiswamy Raju , JJ

Hindu Marriage Act (25 of 1955) , S.13(1)(ib), S.10— Divorce petition - Grounds of desertion by wife - Separation in fact and animus deserendi which means intention to bring cohabitation permanently to an end on part of wife, deserting spouse - Is an essential element - Wife had gone to parents' house for birth of child - Did not return, but laid down conditions for returning that husband should live in separate house from his parents taking plea that father-in-law had attempted to molest her - Absence of evidence in support of her plea of alleged indecent behaviour by father-in-law - Expiry of father-in-law during pendency of petition - Wife there after not expressing her desire to join her husband - Husband satisfactorily proved that wife is guilty of having deserted him for continuous period of more than 2 years - Husband entitled to decree for judicial separation under S. 10 RCMA 4053 of 1994, D/- 23-4-1994 (A. P.), Reversed. For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, namely, (1) the @page-SC89 factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). Similarly, two elements are essential so far as the deserted spouse is concerned: (1) the absence of consent, and (2) absence of conduct givi....