Desertion Case Study

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Simple desertion is where one party leaves the other without reasonable cause, then the party who leaves is in desertion. It is important to establish the elements of desertion. The first element is de facto separation. There could be no desertion unless there was a de facto separation between spouses. It is insufficient to claim for desertion when one of the spouses had abandoned some of the obligations of matrimony or refused to perform duties. There must be a rejection of all obligations of marriage. In a case where both parties continued to live under the same roof but one shuts himself off from the other, it shows that they were living as two units rather than one. Hence, there was no de facto separation sufficient to constitute desertion. …show more content…

The intention of remaining permanently separated from the other must be seen from the guilty party. In the case of Miller v Miller , an original involuntary separation could be converted into desertion by the formation of an animus deserendi by the respondent when it was physically impossible for her to join the petitioner. Since all that must be proved is the fact of separation. It was irrelevant for this purpose that the spouses were forced to live apart and therefore could not live together even if they wished to do so. Even though there was de facto separation, there would be no desertion unless the guilty spouse had the intention of remaining permanently separate from the …show more content…

in the case of Mummery v Mummery stated that the assumption of cohabitation must mean resuming things. For instance like setting up a matrimonial home together that involves a bilateral intention on the part of both spouses. On top of that, it is to be noted that sexual intercourse does not amount to condonation of desertion. In the light of Sаigаl v Sаigаl , the learned judge applied the principles of Perry v Perry and held that by reason of the resumption of normal conjugal relationship between parties such as sexual intercourse, each act of cruelty alleged by the husband was condoned but it was revived by each subsequent act of cruelty. Cruelty that was condoned may be revived by her continued

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