19 May 2026 10:42 AM

Divorce--Desertion-- Separate residence of spouses owing to government service postings does not, by itself, constitute desertion

A spouse who engineers the breakdown of marriage through wrongful conduct, including contracting a second marriage during subsistence of the first, cannot invoke that breakdown as a cause of action for divorce. A wife's refusal to cohabit with a husband who has openly taken another wife does not amount to desertion; it constitutes constructive desertion by the husband. Further, a spouse's reactive conduct, such as police complaints or refusal to resume cohabitation, resulting directly from the other spouse's matrimonial wrong, cannot be raised as cruelty by the wrongdoer.

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