Read Order. Desertion by a spouse can’t be decided merely on who left the matrimonial home first, ruled the HC.
A bench of Justice Pradeep Nandrajog & Justice Yogesh Khanna said that desertion is not simply a withdrawal from a place but a repudiation of all the obligations of a marriage & abandonment of one spouse by the other without reasonable cause or consent of the other.
Desertion by spouse is not decided merely on who left the matrimonial home 1st as the conduct of one half of the married couple could force the other to live separately, the HC has said.
High Court made this observation while setting aside a divorce granted to a husband by a family court on the grounds of desertion by the wife.
Bench ruled that the record reveals that the husband (respondent) rather had deserted his wife (appellant) & even today she fights for her maintenance.
The Bench said that they are of the view that Family Court, Dwarka, has misread the evidence, though the wife (appellant) left her matrimonial home, she never wished to bring her ties permanently to an end.