STARTUP LEGAL2 Sept 2026
Indian Kanoon - Search engine for Indian Law
In a divorce case, courts explained that living separately is not the same as desertion. A husband claimed his wife deserted him since 2005, and lower courts agreed they lived apart. But divorce under Section 13 of the Hindu Marriage Act needs both physical separation and the intention to end marriage. Without proof of that intent, separation alone won't get a decree.
Key Statutory Highlights
- A husband filed for divorce under Section 13 of the Hindu Marriage Act on grounds of desertion and mental cruelty.
- The trial court found the parties had lived separately since 15 December 2005, yet dismissed the divorce petition.
- Courts said physical separation alone does not amount to desertion unless the intention to end marital obligations, called 'animus deserendi', is proved.
Actionable Advice for Taxpayers / Founders:If you are in a long-separated marriage and considering divorce, consult a family lawyer and collect evidence showing your spouse's clear intention to end the marriage, not just the fact of living apart.
Statutory Disclaimer: TaxQue Shorts are AI-assisted editorial briefs for compliance awareness. This brief has not passed every source check; confirm the original notification before acting. This does not constitute formal legal or CA counsel.
TaxQue News Desk
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