Divorce -- Desertion -- Verbal Assertion of Readiness to Resume Cohabitation -- Insufficient where conduct shows contrary intent
(i) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Desertion -- Verbal Assertion of Readiness to Resume Cohabitation -- Insufficient where conduct shows contrary intent -- A spouse's mere verbal assertion of readiness to discharge marital obligations does not disprove desertion where the conduct on record, including refusal to return despite persuasion, demonstrates an intention to permanently end cohabitation. Desertion requires both factum of separation and animus deserendi, which may be inferred from continued refusal to resume matrimonial life. (ii) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Long Continuous Separation -- Indicates intention to permanently end cohabitation -- Continuous separation between spouses for a prolonged period without resumption of cohabitation reflects that the matrimonial bond has broken down and supports an inference of desertion, notwithstanding an unsubstantiated claim of willingness to reconcile.
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