https://www.taxtmi.com/caselaws?id=459431 Desertion in law requires intentional, permanent abandonment without consent and without reasonable cause; it is not established by mere separation. In maintenance proceedings, a wife may live separately and claim maintenance where the husband's conduct provides sufficient cause. The Madhya Pradesh High Court noted that the husband's second marriage, together with the wife's temporary stay at her parental home to attend to her ailing mother, justified separate residence. The revisional court's finding of wilful desertion was set aside because it misconstrued the legal test for desertion, and fresh evidence could not be introduced in Section 482 CrPC proceedings. The maintenance award was restored in favour of the wife. en-us Wed, 07 Mar 1990 00:00:00 +0530 Fri, 13 Dec 2024 11:45:42 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=459431 Desertion in law requires intentional, permanent abandonment without consent and without reasonable cause; it is not established by mere separation. In maintenance proceedings, a wife may live separately and claim maintenance where the husband's conduct provides sufficient cause. The Madhya Pradesh High Court noted that the husband's second marriage, together with the wife's temporary stay at her parental home to attend to her ailing mother, justified separate residence. The revisional court's finding of wilful desertion was set aside because it misconstrued the legal test for desertion, and fresh evidence could not be introduced in Section 482 CrPC proceedings. The maintenance award was restored in favour of the wife. Case-Laws Indian Laws Wed, 07 Mar 1990 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=459431