Question:
Principle: Under the Hindu Marriage Act, 1955 either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term 'desertion' means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition, without reasonable cause and without the consent or against the wish of such party and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things.
Facts: Rohan, a technocrat, went to US in January 2011 for pursuing his higher studies for a period of three years. In fact, Rohan went to US with the consent of his wife Basanti, who stayed at her parents' home, and with a promise of his return to India upon the completion of his studies. From US he has quite often been in touch with his wife. Subsequently, Rohan has got a job there in US and he wishes to take his wife. She refuses to go to US and, in the meantime, she files a petition for a decree of divorce on the ground of desertion by her husband.
Principle: Under the Hindu Marriage Act, 1955 either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term 'desertion' means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition, without reasonable cause and without the consent or against the wish of such party and includes the wilful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things.
Facts: Rohan, a technocrat, went to US in January 2011 for pursuing his higher studies for a period of three years. In fact, Rohan went to US with the consent of his wife Basanti, who stayed at her parents' home, and with a promise of his return to India upon the completion of his studies. From US he has quite often been in touch with his wife. Subsequently, Rohan has got a job there in US and he wishes to take his wife. She refuses to go to US and, in the meantime, she files a petition for a decree of divorce on the ground of desertion by her husband.
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Desertion requires the absence of both consent and communication from the other party for the specified time period.
Updated On: Aug 11, 2025
- Rohan’s three year stay in US in the above context can amount to a ground of desertion for divorce
- Rohan’s three year stay in US in the above context cannot amount to a ground of desertion for divorce
- Rohan’s continued stay after three years can amount to a ground of desertion for divorce
- Basanti’s refusal can amount to a ground of desertion for divorce
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The Correct Option is B
Solution and Explanation
Since Rohan’s stay in the US was with the consent of his wife and he maintained communication with her, this does not amount to desertion. Desertion, as defined by the Act, requires the absence of consent and absence of communication for the required period. Thus, Rohan’s stay does not amount to desertion.
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