09 Jun 2026 08:27 AM

Divorce -- Mental Cruelty -- Unproven Allegation of Extra-Marital Affair Constitutes Mental Cruelty and Provides Reasonable Cause for Wife to Live Apart-- Desertion Under Section 13(1)(b) of Hindu Marriage Act Not Established

Desertion under Section 13(1)(b) of the Hindu Marriage Act requires proof of animus to desert, in addition to factual separation. Unproven allegations of extra-marital relationship constitute mental cruelty and amount to reasonable cause for the wife to live apart. Such cause negates the element of desertion by the husband.

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