Bipinchandra v Prabhawati
Supreme Court of IndiaAIR 1957 SC 176Bench: Jagannadhadas J, T.L. Venkatarama Aiyar J, S.K. Das J
Desertion requires: (1) factual separation; (2) animus deserendi (intention to desert permanently). Where the spouse who remains in the matrimonial home makes conditions so intolerable that the other has to leave, that is "constructive desertion" by the staying spouse — not desertion by the leaving spouse.