Answer:
Desertion Definition in divorce law – One spouse abandons the other spouse for a reasonable cause and without his consent and with an intention to end matrimonial cohabitation. The deserting party does not merely distance himself from the other spouse, he should also have an intention to desert the matrimonial relationship.
DIVORCE DESERTION DEFINITION LEGAL
In Divorce Law, desertion means that the couple must be living separately for at least two years continuously before filing a divorce petition on the grounds of desertion.
So, if your husband or wife leaves the house without any justified reason and never wants to return. He left you aside from performing matrimonial duties and has no intention to come back and continue married life can be considered as desertion.
This is not applicable if your spouse has been living separately on the ground of cruelty to you, for the sake of your safety, harassment, or any reasonable cause. The court usually examines facts, conduct of parties, communications received or made, evidence offered on behalf of either party and reasonable cause for separation.
BK Singh can guide you whether your facts satisfy desertion or not, file a proper divorce petition on your behalf, collect all the evidence like messages, notices, call records, address proof, witnesses and evidence of past communications and represent your case before Family Court in effective way.
By Advocate BK Singh
Supreme Court | High Court | Tribunals
