On examining the case, the bench observed that the conduct of the wife could not be inferred as desertion since her parents’ home was barely 400 meters away, and she was pregnant when she left.
The Court made this observation while explaining that the question of desertion was a matter of inference to be drawn from the facts and circumstances of each case.
“It cannot be inferred that the appellant had deserted her husband (respondent) with the intention to bring cohabitation permanently to an end.. Further, the act of the appellant in visiting her parents house frequently without taking consent of her husband and other family members cannot constitute the offence of desertion on her part,” the judgment said.
Source: Barandbench
