Which phrase best captures the nature of desertion as a ground for divorce under the Hindu Marriage…
Desertion involves an intentional abandonment of marital obligations without reasonable cause and without the other spouse’s consent or against that spouse’s wishes. Section…
Choose your answer
Which phrase best captures the nature of desertion as a ground for divorce under the Hindu Marriage Act, 1955?
Answer and explanation
Correct answer A
Desertion involves an intentional abandonment of marital obligations without reasonable cause and without the other spouse’s consent or against that spouse’s wishes. Section 13(1)(ib) requires a continuous period of at least two years immediately before presentation of the petition.
Option feedback
Option A
The Supreme Court describes the nature of desertion as a total repudiation of marital obligations.
Option B
A partial failure to fulfil obligations does not itself establish the requisite abandonment.
Option C
A temporary separation does not by itself establish the requisite intention or statutory period.
Option D
Separation by mutual agreement lacks the absence of consent required for desertion.
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