The matrimonial guilt of desertion under the Hindu Marriage Act, 1955: 1. commences when the fact of…
Desertion commences when the factum of separation and the animus deserendi coexist and remains inchoate until a petition is instituted; the statutory period for divorce is…
Choose your answer
The matrimonial guilt of desertion under the Hindu Marriage Act, 1955:
1. commences when the fact of separation and the animus deserendi co-exist.
2. is a valid ground for divorce if the period of desertion is one year.
3. requires withdrawal from state of things as well as from place of residence.
4. is not complete but inchoate, until a suit is instituted.
Answer and explanation
Correct answer D
Desertion commences when the factum of separation and the animus deserendi coexist and remains inchoate until a petition is instituted; the statutory period for divorce is two years, not one, and desertion is a withdrawal from a state of things rather than merely from a place, so "1 and 4 are correct."
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