Long desertion by a spouse can indeed be a valid ground for divorce in India.
Here’s a breakdown of the concept and its implications:
What Constitutes Desertion? Desertion is defined under Section 13(1) (ib) of the Hindu Marriage Act, 1955, as the abandonment of one spouse by the other for a continuous period of not less than two years immediately preceding the presentation of the divorce petition.
Key Elements of Desertion- Factum of Desertion: Physical separation between the spouses.
Animus Desired: Intention to desert, which must persist throughout the statutory period of two years.
Absence of Reasonable Cause: The deserting spouse must not have a valid reason for leaving the matrimonial home.
Lack of Consent: The separation must be against the wishes of the deserted spouse.
Relevant Case :The Madhya Pradesh High Court allowed a petition for divorce, noting that long separation, absence of cohabitation, and complete breakdown of meaningful bonds between spouses amount to cruelty under Section 13(1)(ia) of the Hindu Marriage Act, 1955.
Judicial Perspective Courts in India have granted divorces based on desertion in several cases. For instance:
The Allahabad High Court granted a divorce to a man whose wife had deserted him for over 10 years, citing cruelty and desertion as valid grounds.
Implications of Desertion If desertion is proven, the court may grant a divorce decree, allowing both parties to remarry. Additionally, the court may award maintenance or alimony to the deserted spouse, decide child custody arrangements, and distribute marital assets fairly
The Lucknow bench of the Allahabad High Court has granted divorce to a man whose wife had deserted him more than 10 years ago. The High Court said the facts & circumstances of the case & evidence make out the grounds for cruelty & desertion by wife.
It also dissolved his marriage solemnised on April 14, 2012. A division bench of Justices Rajan Roy & Subhash Vidyarthi passed the Judgment on Aug 30, 2024, on an appeal filed by the man. He challenged the judgment of a family Court of Hardoi district in which his suit for divorce was dismissed.
“The court’s decision to grant divorce based on long-term desertion underscores the importance of mutual commitment in marriage. These ruling highlights the need for clear evidence of intentional abandonment and lack of reasonable cause, providing a framework for evaluating similar cases in the future.”
