Introduction:This case involves a petition for divorce based on the grounds of desertion under the Indian Family Law. The case presents a scenario where one spouse abandons the other without any justified reason and without the intention of returning.Case Details:- Petitioner: Mohan Krishnan- Respondent: Priya Krishnan- Duration of Marriage: 7 years- Issue: Mohan has filed for divorce claiming that Priya has deserted him for over 4 years without any justified reason.Arguments Presented:- Petitioner's Argument: Mohan claims that Priya left the matrimonial home without any intention to return and has not been in contact for the past 4 years.- Respondent's Argument: Priya argues that her departure was the result of continuous mental torture and her husband's inability to provide a safe living environment.Legal Analysis:Under the Hindu Marriage Act, 1955, desertion for a continuous period of not less than two years immediately preceding the presentation of the petition is a ground for divorce. The court must ascertain the intent behind Priya's departure and whether Mohan's alleged mental torture can justify her actions.Judgment and Ruling:The Court ruled that Priya's departure was justified due to the mental torture inflicted by Mohan, and hence, it does not constitute desertion. The petition for divorce on the grounds of desertion was dismissed.Impact and Analysis:This case emphasizes the importance of understanding the reasons behind a spouse's departure before labeling it as desertion.Conclusion:The ruling underlines the need for a comprehensive examination of the circumstances leading to a spouse's departure, ensuring that genuine cases of mental torture are not unjustly labeled as desertion.References:- Hindu Marriage Act, 1955- Case laws on desertion and justified reasons for departure.

[tqb_quiz id='8642']

Discussion Questions:1. How does the law ensure that the concept of desertion is not misused in matrimonial disputes?2. In cases of desertion, how significant is the role of intention and the reason behind leaving the matrimonial home?

Case Study 2: The Case of Desertion

You must be logged in to access this database