DIVORCE LAW

and divorce. For the offence of desertion so far as
deserting spouse is concerned, two essential
conditions must be there (1) the factum of
separation and (2) the intention to bring
cohabitation permanently to an end (animus
deserendi). Similarly two elements are essential so
far as the deserted spouse is concerned: (1) the
absence of consent, and (2) absence of conduct
giving reasonable cause to the spouse leaving the
matrimonial home to form the necessary intention
aforesaid [see Lachman Utamchand Kirpalani v.
Meena alias Mota AIR 1964 (SC) 40 ]. Many nonresident
Indians (NRI) come to India to marry girls
who are also aspirants to migrate from India by
this marriage relation. It is often seen that some
NRIs marry local girls, enjoy them and return to
the foreign countries with vague hopes behind that
their wives would be taken after completion of
official formalities. But all those hopes are never
materialized. Sometimes they receive papers in
India in the form of foreign divorce decree.
Cruelty –
A spouse can file a divorce case when he/she is
subjected to any kind of mental and physical
injury that causes danger to life, limb and health.
The expression "cruelty" has not been defined in
the Act. Cruelty can be physical or mental, A.
Jayachandra v. Aneel Kaur (2005) 2 SCC 22.
Divorce Law – An Overview