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For desertion to qualify as a ground for divorce under the Hindu Marriage Act, 1955, what role does the…

Section 13(1)(ib) of the Hindu Marriage Act, 1955 requires desertion for at least two continuous years immediately before presentation of the petition. The intention to end…

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For desertion to qualify as a ground for divorce under the Hindu Marriage Act, 1955, what role does the intention to desert play?

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Answer and explanation

Correct answer A

Section 13(1)(ib) of the Hindu Marriage Act, 1955 requires desertion for at least two continuous years immediately before presentation of the petition.

The intention to end cohabitation must accompany the fact of separation or withdrawal. The statutory definition also addresses lack of reasonable cause and lack of the other spouse’s consent or action against that spouse’s wish.

Option feedback

Option A

Desertion requires an intention to end cohabitation and the fact of separation or withdrawal under the statutory conditions.

Option B

An intention alone does not establish the necessary separation, period or surrounding conditions.

Option C

Separate living for the prescribed period does not eliminate the requirement of intention to desert.

Option D

The court can infer intention from conduct and circumstances. The Act does not require a written declaration.

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