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Adv Kanishk Garg
Adv Kanishk Garg. | 1 month ago | 64 Views

Living Separately For Jobs Does Not Amount To Desertion 91-8877001993

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Adv Kanishk Garg Adv Kanishk Garg

Updated: 10-04-2024

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The Allahabad High Court ruled in a landmark decision that the partners' decision to live apart while seeking employment did not amount to cruelty or desertion and therefore living separately for jobs does not amount to desertion and it is not admissible as a reason for divorce. 

Jutice Sumitra Dayal Singh and Justice Donadi Ramesh, who sit on a division bench, handed down the decision yesterday, dismissing a man's appeal against the Kanpur Family Court's denial of his divorce case on this basis.

What Is Desertion as a Ground of Divorce?

  • Desertion as a ground for divorce is provided under Section 13(1) (b) of the Hindu Marriage Act, 1955. 
  • Moreover, if the estranged spouse has committed adultery against the aggrieved party within a period of two years prior to the filing of the divorce petition, the aggrieved party may be in some case be eligible to get a decree of divorce from the court of law.
  • Legal definition of desertion is the deliberate and wilful renunciation of one spouse's spousal duties by the other without justification. It includes not just the actual leaving but also the desertion spouse's agreement and lack of desire to return.

What is the Case?

  • In Arvind Singh Sengar v Smt. Prabha Singh, this particular case stated that the petitioner argued that for the previous twenty-one years, the parties had been living apart. 
  • The respondent, the appellant's wife, was chosen to become a primary teacher in 2000, while the appellant was employed at the relevant time as a loco pilot in Jhansi. 
  • She was assigned to a school in the Auraiya district, which was only two kilometres from the appellant's ancestral home.
  • Afterwards, in 2007, the spouse filed for divorce on the grounds of abuse and desertion. 
  • The respondent refuted that assertion, stating that her spouse had paid her a visit during her hospital stay.
  • When the respondent was given medical leave, the appellant also went to the school with the respondent.

Observation by the Allahabad High Court

  • The respondent-wife had testified, the court noted, about her husband visiting her in June 2003 when she was sick and then went to her school to file for medical leave. 
  • The Court decided that the Family Court had reasonable grounds to doubt the claim that the respondent had abandoned the appellant in June 2003.
  • In light of the circumstances that the respondent was working 2kms away from the appellant's ancestral house and the fact that her seeking for a job in Auraiya was within the sights of the appellant.
  • Even though the respondent-wife was the target of accusations of cruelty, the court noted that the respondent had provided proof of the appellant's harshness when the appellant was unable to establish his case.

As so, the Court upheld its decision to dismiss the appellant-husband's divorce case.

In India, the use of desertion as a reason for divorce enables individuals in unescapable marriages to take legal action and move on with their lives. However, in order to successfully obtain a decree of divorce on the grounds of desertion, one has to satisfy certain legal criteria and adduce ample evidence in a court of law. While seeking divorce may not be an easy process, it however offers a way out of very disturbing and intolerable marriages and helps people seek happiness and joy elsewhere. Divorce proceedings may require an intuitive touch, understanding, and consideration of fair and just end result for all concerned.

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Ujjain: Woman Raped In Daylight, While Passerby Recorded The Video, Rape Accused And Another Arrested +91-88770-01993

Adv Arjun Sharma • 07/09/2024

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How To Apply For A Marriage Certificate ? +91-8877001993

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How Is Murder Punishable? 8877001993

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Cheque Bounce Lawyers In Delhi 91-8877001993

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Dowry Death And Its Punishment 91-8877001993

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How To Escape From Cheque Bounce Cases ?91-8877001993

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Arrest Of RG Kar Principal And Kolkata Cop By CBI +91-8877001993

Adv Shubham Pahuja • 24/09/2024

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Arvind Kejriwal Resignation From The Post Of CM In Delhi

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Improper Bathing Habits Of Husband Leads To Divorce +91-8877001993

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Bail Of Delhi CM Arvind Kejriwal In Delhi Excise Policy Case

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Beef Found In Tirupati Ladoo Prasad +91-8877001993

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Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Section 125 Of CRPC Is Not There To Create An Army Of Idlers, Well-Qualified Wife Shall Not Solely Depend Upon Maintenance:- Mp High Court 91-8877001993

Adv Tanvi Malik • 28/09/2024

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Resignation Not Final Until Employer Communicates The Acceptance To Employee:-SC 91-8877001993

Adv Shifa • 28/09/2024

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High Court Condemns "Freebie Culture," Summons MCD Commissioner In Response To Delhi IAS Coaching Center Fatalities 91-8877001993

Adv Tanvi Malik • 30/09/2024

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Role Of The Best Family Lawyers In Delhi +91-8877001993

Adv Shubham Pahuja • 01/10/2024

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Can’t Call Religion Of India As Pakistan: Supreme Court Blasts Karnataka Judge

Adv Ankit Kansal • 01/10/2024

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Death Sentence For Rape And Murder Of 7 Year Old Girl In Kolkata 91-8877001993

Adv Shifa • 05/10/2024

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Delhi High Court Grants Pregnancy Termination In Live In Relationship 91-8877001993

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What To Do In Cheque Bounce Case: Lawyers Legal Advice 91-8877001993

Adv Samman Singh • 10/10/2024

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Govt Pleas For Criminalizing Marital Rapes?

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Maintenance To Woman In Live In Relationship 91-8877001993

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Baba Siddiqui Murder Case And Lawrence:-Bishnoi Gang Connection

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All Arrest And Detentions Are Not Custodial Torture 91-8877001993

Adv Samman Singh • 07/11/2024

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New Appointment Cannot Be Revoked If Resignation Is Accepted By The Previous Company 91-8877001993

Adv Arjun Sharma • 09/11/2024

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Matrimony Company To Pay Compensation To The Groom 91-8877001993

Adv Shubham Jindal • 11/11/2024

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Justice Dy Chandrachud’s Legacy Through His 5 Key Judgments

Adv Ankit Kansal • 12/11/2024

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Student Sues Jindal Global Law School After University Fails Him For Using 88% AI Generated Content In Exams 91-8877001993

Adv Arjun Sharma • 14/11/2024

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