Multiple choice

Principle: The expression “Desertion” means the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party, and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly.

Which of the following is valid?

  1. A abuses his wife B and also keeps a mistress C in the presence of B. B is compelled to leave her matrimonial house. B is guilty of desertion.

  2. A’s wife B left him as she couldn’t adjust in A’s two room apartment which the couple shared with her in-laws citing lack of privacy. B is guilty of desertion.

  3. Post pregnancy, A’s wife decided to stay over at her parent’s house for better recovery and care. A’s wife is guilty of desertion.

  4. A, in a fit of rage, turned his wife B out of the house. B never returned to A’s house. B is guilty of desertion.
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B Correct answer
Explanation

Option 1: B left A for a solid reason of abuse. Hence, this does not amount to desertion as there is a cause involved. Option 2: B left A for a cause that can be termed too unreasonable or ill-logical to leave one's spouse. Leaving one's husband for the reason that a two room apartment did not give enough privacy cannot be considered a valid cause. This amounts to desertion. Option 3: A's wife left him to live with her parents, for better recovery and care. Hence, there is a valid reason of staying away from her husband. Also, we may assume the husband's implicit consent and wish in this decision. Option 4: B left A's house due to domestic violence. Hence, a valid reason is there to leave A. This cannot be termed desertion.

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