With reference to the Hindu Marriage Act, 1955, in case of 'desertion' the wife has to prove which of…
Desertion involves intentional abandonment of the marital relationship without reasonable cause and without the other spouse’s consent or against that spouse’s wish. The HMA…
Choose your answer
With reference to the Hindu Marriage Act, 1955, in case of 'desertion' the wife has to prove which of the following facts?
Answer and explanation
Correct answer D
Desertion involves intentional abandonment of the marital relationship without reasonable cause and without the other spouse’s consent or against that spouse’s wish. The HMA explanation also includes wilful neglect. Read together as the substantive desertion facts, the three propositions supply the most comprehensive listed answer. This does not mean every absence or mere failure to pay money is desertion: the factum of separation and intention permanently to end cohabitation must be established for the statutory period.
Current law: For marriages within Uttarakhand’s UCC, effective 27 January 2025 subject to applicability and exclusions, section 25(1)(iii) retains the two-year desertion ground and its explanation includes wilful neglect. The same substantive distinction remains within the Code’s own dissolution regime.
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