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he Hindu Marriage Act, 1955 contains the minimum period of desertion for filing a suit for judicial separation.
Three years
Five years
Two years
Seven years
Desertion means the intentional permanent forsaking and abandonment of one spouse by the other without the other's consent and reasonable cause. It is a total repudiation on the obligations of the marriage [Lachman Utamchand .Knpalaizi v. Meena AIR 1964 SC 40]. To constitute a ground for Judicial separation or divorce; desertion must be for a period of two years. It is a continuing offence and an inchoate offence. continuous in the sense that once started it can only be brought to an end by the aggrieved party. The offence is inchoate in the sense that it becomes complete only, when the deserted spouse files a petition for a matrimonial relief and not otherwise. For desertion it is not necessary,that the husband deserts the wife actually, desertion can be constructive. Desertion is not physically,abandoning the matrimonial home, rather is in ignoring cohabitation. If any party to marriage avoids the other party from cohabitation even while living in one house, it shall amounts to desertion.
By: Parvesh Mehta ProfileResourcesReport error
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