Desertion – If one of the spouses voluntarily abandons his/her partner for at least a period of two years, the abandoned spouse can file a divorce case on the ground of desertion. [16] Since the parties do not rely on adultery as a ground of divorce, I will not deal with that ground. DESERTION AS A GROUND FOR DIVORCE- A CRTICIAL STUDY Radhika Bhakoo1 INTRODUCTION: Under the Hindu law, section existed before 1961 but was not available as a ground for divorce until the coming into operation of the Act. Under the Indian Divorce Act, 1869 desertion as such is not a ground for divorce for either spouse. Top divorce experts Vardags offer a summary guide to desertion as a ground for divorce. Tripta….Respondent. The desertion could be physical desertion or emotional desertion where the spouse continues to stay in the same house but neglects the other spouse. Desertion requires a showing of wilful, continued and obstinate desertion for the space of one year, Miss. Opportunity should_ also be p to make available to the husband as a ground of divorce of conversion followed' by second marriage (a ground which is at.present available only to the wife). Hindu marriages are considered as sacramental institution which is … Smt. If desertion is less than 2 years then you cannot seek divorce on this ground. Desertion, known in some states as abandonment, is considered grounds for divorce in states that have fault divorces. 500, 505, 42 So.2d 720, 722 (1949). 4433 of 2010 Date of Decision: August 06, 2013. Less frequently, but from time to time, suits brought on the ground … Following a trial, the chancellor agreed and granted Kevin a divorce on that ground. 18. This Desertion was a ground only for judicial separation under Hindu Marriage Act, 1955. “ It may be noted only after the amendment of the said Act by the amending Act 68 of 1976, desertion per se became a ground for divorce. The man had sought divorce on the ground he had married the woman in December 2009 and they started living separately just after a month due to his wife's behaviour. Abandonment or desertion are fault grounds for divorce, so if you live in a pure no-fault state, you can't use your spouse's desertion as a reason for the divorce. CORAM: HON’BLE MR. JUSTICE AJAY KUMAR MITTAL HON’BLE MR. When it was first passed, the Hindu Marriage Act did not have ‘cruelty’ as a ground for divorce. View DESERTION-AS-A-GROUND-FOR-DIVORCE-Radhika.pdf from LAW BBL at Galgotias University. 6 Answers. Kevin Watson claimed that his wife Carole was guilty of constructive desertion of him, entitling him to a divorce. 103 the deserter’s willful desertion may justly be appealed to as the ground for the other spouse to seek legal dissolution of the marriage. MARRIAGE LAW SRI LANKA - Family Laws (Sri Lanka), Family Laws firm lawyer, Sri Lanka lawyers of Family Laws, marriage lawyer, Divorce lawyer, Child Custody Lawyer, Adoption lawyers. Carole appealed. There are two types of desertion, actual desertion and constructive desertion. This ground is not available to the converting spouse because then the spouse will take advantage of his own wrong. The act of desertion can be a ground for obtaining divorce when a reasonable cause is present in the case and the act must have taken place without the voluntary consent of the other party. In Watson v. Watson, decided June 2, 2020, the COA reversed and rendered. Extra-marital affairs (adultery) or other matrimonial offences may lead to an irretrievable breakdown when one or both of the parties find it impossible to continue a normal marriage relationship as a result thereof, but it is not in itself a stand-alone ground for divorce in South Africa as the fault principle no longer applies. 1. 104 105 106 With respect to the civil magistrate, the means available will depend upon local civil and criminal 107 law and the willingness of the appropriate officials to enforce that law. Desertion . If one party to a marriage “deserts” the other for a continuous period exceeding two years then it is possible in UK divorce law to seek a divorce on this ground. Mental cruelty as ground for divorce. Conversion to Islam by a Hindu spouse per se does not lead to divorce, but it only give a right to the other spouse to file a … It has been stated by the appellant/husband before the learned Judge, Family Court that he had been visiting and … Both types of desertion must be continuous and uninterrupted for a specific period of time between one and five years depending on the state. Such a ground is available if both the marriages are valid marriages & the other wife (2nd wife) should be present at the time of filing of the petition. Desertion is a ground for divorce. Recommendation 6.6 In the light of the above discussion, we recdmmend that section' 10 of the '°' '"'.'°"d". Desertion as a Ground for Divorce under Hindu Law This project has been submitted by: Anubhuti Gupta I.D. As per the circumstances of your case you can easily take divorce on the ground of matrimonial cruelty. Desertion. Code Ann.§ 93 — 5-1 (Rev. Then comes the next ground on which the appellant/husband is seeking dissolution of marriage i.e. Author: A. Thiruthi INTRODUCTION: As per section 13 (1) (ib) of the Hindu Marriage Act of 1955 mentions desertion as a ground for divorce. Irrespective of the three remedies available to parties that is: restitution of conjugal rights, judicial separation and divorce, the judiciary in India is demanding irretrievable breakdown of marriage as a special ground for divorce, as sometimes court face some difficulties in granting the decree of divorce due to some of the technical loopholes in the existing theories of divorce. However, desertion should be at least two years’ duration under the Hindu Marriage Act, 1955, Special Marriage Act, 1954 and the Indian Divorce Act, 1869 while it should be of at least three years under the Parsi Marriage and Divorce Act, 1936. Krishan….Appellant. 3) if for 2 years husband and wife are staying separate file for divorce by mutual consent . DESERTION. It was after an amendment in 1976 that this basis became available for seeking both divorce and judicial separation. No.- 214072 Introduction-“Divorce is a thorny question, especially in Hindu marriages”1. A layman may think desertion as his/her spouse is living separately for the period of 2 years that’s it. Desertion as a ground for divorce is provided for under Section 4 of the Divorce Act Cap 249. Desertion is also ground for divorce in India, but the most difficult part is how to prove desertion in court of law. In that context, it was observed that as the alleged desertion took place on 19.2.1993 and the petition was filed on 31.3.1993, no petition for divorce on the ground of desertion could have been entertained as the desertion itself was for a period of less than two years. INTRODUCTION AND RELEVANT FACTS Under the Matrimonial Causes Act, 1970, the grounds for dissolution of marriage are succinctly stated … 14/01/2021. Desertion Desertion as a ground for divorce has been added to s.13 by the Marriage Laws (Amendment) Act 1976. Now desertion is a ground for both judicial separation and divorce. However, qua the ground of desertion, it was noticed that the learned Single Judge has not given his own finding on said aspect and question as to whether ground of desertion was made or not is required to be probed into thread bare by the learned Single Judge and in those circumstances, the matter was sent back to the learned Single Judge for deciding the question of desertion afresh. Desertion may be actual or constructive. IN THE HIGH COURT OF PUNJAB & HARYANA AT CHANDIGARH. (i) Seek Decree for the Restitution of Conjugal Rights Or (ii) Seek Decree for Judicial Separation Or (iii) Seek Divorce on the ground of desertion. Versus. Free consultation to qualifying individuals. 1994), the principle of constructive desertion may be applied in extreme cases. Experience has shown that a number of suits brought on the ground of separation would have succeeded if brought on the ground of desertion. The Act made the irretrievable breakdown of a marriage the sole ground for ... with the fault-based fact of ‘unreasonable behaviour’ most used in recent years, and desertion the least. Sri LankaFamily Laws lawyers, Attorney, Solicitor, Injury. The documents required for filing a divorce on the grounds of desertion are laid down as under: • Separation of factum deserendi. Desertion without Valid reason Ground for Divorce. New Phenomenon of NRI Related Desertion FAO No. She is reluctant to perform his matrimonial obligation and seek every opportunity to spend time in her paternal home. Griffin v. Griffin, 207 Miss. “ That each of the ground for Divorce specified in section 4 of the Divorce Act cap 249 is available equally to both the husband and the wife and the import of the Law is that desertion is a distinctive ground on its own right upon which a decree Nisi may issue”. But if both the spouses convert into another religion then no one can seek the remedy for dissolution of marriage. Rape, Sodomy Or Bestiality. 1) since marriage has solemnised as per hindu rituals it is valid marriage . This ground for divorce has been included in the Hindu Marriage Act only for the purpose of circumventing the provision of S.494 of Indian Penal Code, 1860. Previously, it was only a ground for judicial separation. However, today this ground is no more of practical importance. 2) the marriage is not null and void on grounds that marriage is not registered . But actually what courts in India require are the 4 things … Conversion – In case either of the two converts himself/herself into another religion, the other spouse may file a divorce case based on this ground. desertion by the respondent/wife. Desertion in law is defined as any form of neglect that one partner may have subjected the other to without any reasonable or justified cause. [17] However, after passing of the Act of 1976, this is a ground for both divorces as well as judicial separation under Section 13 (1) (i-b). Is adultery a ground for divorce in South Africa? Lawyers Network provides online legal help Sri Lanka
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