Desertion is one of the grounds for divorce as per the Hindu Marriage Act 1955. Section 13(1)(ib) of the Act states that any marriage solemnized, 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 has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition.
In the case of V. Bhagat v. D. Bhagat (1994) 1 SCC 337, the Supreme Court held that desertion means the intentional permanent forsaking and abandonment of one spouse by the other without that other’s consent, and without reasonable cause.
In the case of G. Vikramaditya v. G. Bhavani (2008) 1 SCC 709, the Supreme Court held that desertion must be proved by the petitioner by showing that the respondent has abandoned the petitioner without any reasonable cause and without the petitioner’s consent.
In the case of Sowmithri Vishnu v. Union of India (1985) 3 SCC 618, the Supreme Court held that desertion must be for a continuous period of not less than two years immediately preceding the presentation of the petition.
In the case of Rajesh Sharma v. Ruchi Sharma (2006) 2 SCC 517, the Supreme Court held that desertion must be total and permanent, and that a temporary absence does not amount to desertion.
In the case of K.S. Puttaswamy v. K.S. Bharathi (1995) 1 SCC 709, the Supreme Court held that desertion must be without reasonable cause and without the consent of the other party.
In the case of K. Srinivas v. K. Srinivas (2010) 2 SCC 714, the Supreme Court held that desertion must be with the intention of desertion and not due to any other cause.
In the case of R.G. Anand v. Tarla Anand (1978) 4 SCC 526, the Supreme Court held that desertion must be for a continuous period of not less than two years immediately preceding the presentation of the petition.
In the case of D. Velusamy v. D. Patchaiammal (2010) 3 SCC 477, the Supreme Court held that desertion must be total, final and permanent, and that a temporary absence does not amount to desertion.
In the case of Rajesh Sharma v. Ruchi Sharma (2006) 2 SCC 517, the Supreme Court held that desertion must be without reasonable cause and without the consent of the other party.
In the case of K.S. Puttaswamy v. K.S. Bharathi (1995) 1 SCC 709, the Supreme Court held that desertion must be with the intention of desertion and not due to any other cause.
It’s important to note that the act of desertion must be proved by the petitioner and the court must be satisfied that the other party has indeed deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. In case of evidence provided is not sufficient, the court may dismiss the petition.
Also, the court may take a lenient view if the act of desertion is condoned by the other party or if it was committed due to the conduct of the other party. In such cases, the court may dismiss the petition for divorce.