Desertion under Hindu marriage law depends on intent, conduct, and separation; evidence proved the requisite period here.

Desertion under Section 13(1)(ib) of the Hindu Marriage Act requires withdrawal from the spouse's society without consent and with no intention to return. In assessing whether the statutory period was met, the court considered the surrounding circumstances, including the parties' conduct, removal of marriage articles, absence of reunion, an earlier restitution petition, and evidence of willingness to resume cohabitation. On that appraisal, the trial court's view that desertion was not proved was found to rest on an erroneous appreciation of evidence, and desertion by the wife for the requisite period was held proved, entitling the husband to divorce.

---

---

Issues: Whether the wife had deserted the husband for a continuous period of not less than two years so as to entitle him to a decree of divorce under Section 13(1)(ib) of the Hindu Marriage Act, 1955.

Analysis: Desertion requires withdrawal from the society of the other spouse without consent and with the intention not to return. The fact of separation had to be gathered from the surrounding circumstances, including the conduct of the parties, the taking away of the marriage articles, the subsequent lack of reunion, the earlier petition for restitution of conjugal rights, and the evidence bearing on willingness to resume cohabitation. On appraisal of these circumstances, the finding of the trial court that desertion was not proved was held to be based on an erroneous appreciation of evidence.

Conclusion: Desertion by the wife for the requisite period was proved and the husband was entitled to divorce.

---