AIR 1972 SUPREME COURT 459 ::1972 CurLJ 451 ::1972 (1) SCJ 487 ::1972 2 SCR 657 ::ILR 1973 2 All 160

Supreme Court Of India

(From Allahabad: AIR 1970 All. 602)

Hon'ble Judge(s): K. S. Hegde, A. N. Grover , JJ

Hindu Marriage Act (25 of 1955) , S.10(1)(a)— Remarriage - Desertion - When proved. Desertion within the meaning of S. 10 (1) (a) of the Act read with the Explanation does not imply only a separate residence and separate living. It is also necessary that there must be a determination to put an end to marital relation and cohabitation. Without animus deserendi there can be no desertion within the meaning of S. 10 (1) (a). The consideration that in case the husband remarries, the wife is entitled to separate residence and maintenance under the Hindu Married women's Right to Separate Residence and Maintenance Act, 1946 or any other enactment could not be utilised as a reason for coming to the conclusion that the fact of the remarriage of the husband must necessarily afford a reasonable cause for desertion.(Para 9)