Bipinchandra Jaisinghbhai Shah V. Prabhavati summary

BIPINCHANDRA JAISINGHBHAI SHAH Vs. PRABHAVATI 

SUPREME COURT OF INDIA

1957 

CASE ON DESERTION UNDER HINDU MARRIAGE ACT

In the given case court dealt with the issue of desertion as a ground for the dissolution of marriage. The court observed that mere temporary seperation of spouse does not amount to desertion 

The court laid down the two essential conditions for the deserting spouse : 

  1. The factum of seperation
  2. The intention to bring the cohabitation permanently to an end (animus deserendi)
Similarly on the part of deserted spouse, supreme court laid down two essentials : 
  1. Absence of consent.
  2. Absence of conduct giving the reasonable cause to the deserting spouse to form the above necessary intention. 

Therefore desertion is a matter of inference which is drawn from facts and circumstances of the case. Most important question always is that whether the act of seperation is attributable to animus deserendi.

If the deserting spouse took the advantage of locus paenitentiae and come back with the bona fide offer to resume the matrimonial relationship, then the desertion will come to an end there and if the deserted spouse unreasonably refuses the offer, then the latter will be in desertion and not the former. Therefore it is necessary that the deserted spouse must affirm the marriage and be ready and willing to resume the married life on reasonable conditions. 



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