Gurnam Singh, J. - (1.) THE appeal is directed against the order of the learned Additional District Judge, Hoshiarpur vide which petition for dissolution of marriage under section 13(1) (ib) of the Hindu Marriage Act, filed by Gurmail Singh appellant against his wife Smt. Ajit Kaur respondent, has been dismissed with costs.
(2.) THE parties were married on 3rd April, 1959 at village Singriwala, District Hoshiarpur They lived together and cohabited as husband and wife at village Nangal Farid. Out of the wedlock two children were born and out of them one male child is alive while the second female issue has died. According to the petitioner, the respondent deserted him on 31st May, 1968 and started living separately from him and did not return to him inspire of his best efforts. He, therefore, cairns a decree for divorce on the basis of desertion. The wife contested the petition and pleaded that she had been turned out of the house by the petitioner -appellant in three clothes after giving a beating in the month of August, 1976, that he had levelled false allegations of immorality against her and that infect he wanted to marry her younger sister. It was further pleaded by her that her younger sister was married in 1976 and it was thereafter that he started torturing her and levelled false allegation against her and turned her out. The respondent further pleaded that her father made efforts to persuade the appellant to rehabilitate her but with no results. The following issues were framed in the case: 1. Whether the petition is not verified according to law, and if so what is its effect ? 2. Whether the respondent has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition, and if so its effect ? 3. Relief.
(3.) UNDER section 13(1) (ib) of the Hindu Marriage Act, a decree for divorce can be granted on the ground that the other party has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition. In its essence "desertion" means the intentional permanent forsaking and abandonment of one spouse by the other without that other's consent, and with out reasonable cause. It is a total repudiation of the obligations of marriage. If a spouse abandons the other spouse in state of temporary passion, for example, anger or disgust. Without intending permanently to cease cohabitation, it will not amount to desertion. For desertion, two essential conditions must be there, (1) the factum of separation, and (2) the intention to bring cohabitation permanently to an end (animus deserendi) The deserted spouse he also to prove the absence of consent and absence of conduct giving reasonable cause to the spouse leaving the matrimonial home to form necessary intention of desertion. Desertion is a matter of inference to be drawn from the facts and circumstances of each case. If infect there has been a separation, the essential question always is whether that act could be attributed to animus deserendi. The offence of desertion commence when the fact of separation and the animus deserendi co -exist although it is not necessary that they should, commence at the same time.;