Notes-Desertion Divorce

Key aspects of desertion as a ground for divorce:

Intent to Desert:

The deserting spouse must have the intention to end the marriage permanently, not just a temporary separation. 

 

Fact of Separation:

There must be actual physical separation. 

 

No Reasonable Cause or Consent:

The desertion must be without the consent of the deserted spouse and without any reasonable cause. 

 

Duration:

Most personal laws require a continuous period of desertion for a specific duration (usually two years) before a divorce petition can be filed, according to the Indian Journal of Integrated Research in Law.