AIR 1964 SUPREME COURT 40

Supreme Court Of India

(From Bombay: AIR 1960 Bom 418)

Hon'ble Judge(s): B. P. Sinha, S. K. Das, K. Subba Rao, Raghubar Dayal, N. Rajagopala Ayyangar , JJJ

(A) Hindu Marriage Act (25 of 1955) , S.10(1), S.9— Desertion - Ingredients - Burden of proof - Desertion established - No steps taken by deserted spouse to effect reconciliation - Whether debars party from obtaining judicial separation - "Just and reasonable cause'' in Explanation to S. 10 (1), essential ingredients - Burden of proof - "Wilful neglect'' meaning - AIR 1960 Bom 418 reversed on appreciation of facts in the case. Per Sinha, C. J., Das Actg. C. J., Raghubar Dayal and Ayyangar, JJ.: In its essence desertion means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent, and without reasonable cause. It is a total repudiation of the obligations of marriage. If a spouse abandons the other spouse in a state of temporary passion, for example, anger or disgust, without intending permanently to cease cohabitation, it will not amount to desertion. For the offence of desertion, so far as the deserting spouse is concerned, two essential conditions must be there, (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi). Similarly, two elements are essential so far as the deserted spouse is concerned: (1) the absence of consent, and (2) absence of conduct giving reasonable cause to the spouse leaving the matrimonial home....