Desertion -- Wife Residing Separately Due to Employment -- Not desertion where conduct shows intention to preserve marriage
(i) Hindu Marriage Act, 1955, S.13(1)(ib) -- Desertion -- Wife Residing Separately Due to Employment -- Residence away from matrimonial home to discharge government service obligations does not amount to desertion where conduct of wife shows intention to preserve the marriage. Desertion requires proof of both factual separation and intention to permanently abandon the matrimonial relationship. Initiation of proceedings for restitution of conjugal rights negates such intention. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Cruelty -- Trivial Marital Discord -- Ordinary wear and tear of married life and trivial quarrels between spouses do not amount to mental cruelty. Unhappiness or dissatisfaction of one party at the instance of the other does not by itself justify dissolution of marriage on this ground.
LOGIN TO READCaseLawToday.com is powered by M/s Law Herald Infotech
