What is desertion under the Hindu Marriage Act?

Desertion is one of the recognized grounds for divorce under Section 13(1) (ib) of the Hindu Marriage Act, 1955. It refers to a situation where one spouse leaves the other without a reasonable cause, without their consent and with the intention of permanently ending the marital relationship.

Essential Elements of Desertion

Courts have consistently held that desertion is not just physical separation it requires certain ingredients to be proven together:

1. Factum of separation - actual living apart (the physical element)

2. Animus deserendi - the intention to permanently end the marital relationship (the mental element). This is crucial, mere physical separation without this intent doesn't amount to desertion.

3. Without reasonable cause - the separation must be without the consent of the deserted spouse and without any justifiable reason.

4. Statutory period - must continue for at least 2 years immediately before filing the petition.

5. Absence of consent - the deserted spouse should not have agreed to or facilitated the separation.

The Supreme Court, in Bipin Chandra v. Prabhawati (1957), clarified that desertion is not just about physical separation it also requires a clear intention to permanently end the marital relationship.