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Essentials. The conditions which are considered essential ingredients for the offence of desertion are: The Factum of separation; Animus deserendi or the intention to bring cohabitation permanently to an end; and. Element of permanence. There must be an intention to desert the other spouse.
Mar 25, 2016 · Section 13 (1) ( ib) of the Hindu Marriage Act, 1955 deals with desertion as a ground for divorce and the explanation of the same reads: “The expression “desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent of or against the wish of such party, and includes the willf...
Section 13 in The Hindu Marriage Act, 1955. 13. Divorce. (1) Any marriage solemnised, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by a decree of divorce on the ground that the other party .
Apr 5, 2024 · Under Section 13 (1) (ib) of the Hindu Marriage Act, 1955, desertion is recognized as a valid reason for divorce in Hindu marriages. Desertion, in this context, refers to the act of one party abandoning the other without a reasonable cause and without their consent or against their wishes.
Sep 16, 2020 · Under the Hindu Marriage Act 1955, section 13 (1), lays down nine fault ground of divorce. Some of there are Adultery, Desertion, Cruelty, Insanity, Leporacy, Verenal Disease, while others such as Conversion, Or Renunciation of words are typically Hindu grounds. Desertion.
Sep 8, 2014 · “Desertion for the purpose of seeking divorce under the Hindu Marriage Act, means the intentional permanent forsaking and abandonment of one spouse by the other without that other’s consent and without reasonable cause. In other words it is a total repudiation of the obligations of marriage.
Jan 28, 2021 · Desertion is a ground of divorce under the Hindu Marriage Act, 1955. It is contained under Section 13 (1) (ib) of the Act. The essentials of desertion as a ground of divorce are: Desertion of the petitioner by the other party to the marriage. For a continuous period of 2 years.
