Each question consists of legal propositions/ principles (hereinafter referred to as 'principle') and facts. These principles have to be applied to the given facts to arrive at the most reasonable conclusion. Such principles may or may not be true in the real sense, yet you have to conclusively assume them to be true for the purposes of this section. In other words, in answering the following questions, you must not rely on any principles except the principles that are given herein below for every question. Further, you must not assume any facts other than those stated in the question. The objective of this section is to test your interest towards study of law, research aptitude and problem solving ability even if the 'most reasonable conclusion' arrived at may be unacceptable for any other reason. It is not the object of this section to test your knowledge of law.
PRINCIPLE: Under the Hindu Marriage Act, 1955 either the husband or the wife can move a petition for a decree of divorce on the ground of desertion. The term 'desertion' means desertion of the petitioner by the other party to the marriage for a continuous period of not less than two years immediately preceding the presentation of the petition, without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the marriage, and its grammatical variations and cognate expressions shall be construed accordingly. It is also said that desertion is withdrawal not from a place but from a state of things.
FACTS: Rohan, a technocrat, went to US in January 2011 for pursuing his higher studies for a period of three years. In fact, Rohan went to US with the consent of his wife Basanti, who stayed at her parents' home, and with a promise of his return to India upon the completion of his studies. From US he has quite often been in touch with his wife. Subsequently, Rohan has got a job there in US and he wishes to take his wife. She refuses to go to US and, in the meanwhile, she files a petition for a decree of divorce on the ground of desertion by her husband.
Correct Answer :
Rohan's three year stay in US in the above context cannot amount to a ground of desertion for divorce.
Solution :
Correct Answer: Rohan's three year stay in US in the above context cannot amount to a ground of desertion for divorce.
Step-by-Step Explanation:
1. Analysis of the Legal Principle:
According to the given principle under the Hindu Marriage Act, 1955, for desertion to be established as a ground for divorce, the following criteria must be satisfied:
• The separation must be without reasonable cause.
• The separation must be without the consent or against the wish of the petitioner.
• There must be willful neglect or an intention to permanently end cohabitation for a continuous period of at least two years.
2. Application to the Given Facts:
• Rohan went to the US in January 2011 to pursue higher studies for three years with the explicit consent of his wife, Basanti.
• Throughout his studies, Rohan stayed continuously in touch with his wife, showing no intention to sever marital ties during this period.
• Because Basanti gave her consent for Rohan's three-year educational stay, the requirement that desertion must be "without consent or against the wish of the spouse" is not fulfilled for that three-year duration.
3. Conclusion:
Since the initial three-year stay was mutual and consensual, it does not legally constitute desertion. Thus, Rohan's three year stay in the US in this context cannot amount to a ground of desertion for divorce.
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