Staying Away Due to Service Does Not Amount to Desertion
- The Hon’ble Allahabad High Court in a recent judgement held that to prove desertion the act of separation has to be involuntary i.e. against the wish of one of the spouses.
- In the matter decided by the Hon’ble Allahabad High Court, the husband had applied for restitution of conjugal rights and an ex-party order was passed in the husband’s favour. Later the husband applied for divorce on the ground of desertion.
- If the husband and wife are staying at different locations/cities due to their respective service, then prolonged separation with consent does not amount to desertion.
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