- (1.)The appellant is the husband who presented a rolled up application for restitution of conjugal rights under Section 9 and for judicial separation under Section 10 of the Hindu Marriage Act, 1955. The respondent who was accused of desertion is his second wife.
(2.)The Civil Judge dismissed the application on the ground that the appellant who had another wife living could not plead desertion.
(3.)The essence of desertion is the abandonment of one spouse by the other for no good cause, and so, there can be no desertion by a wife who lives separately from her husband if in law she is entitled to do so.
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