Mere Allegation Of Wife Ousting Husband From Matrimonial Home Not Enough To Show Desertion, He Must Show Attempts To Get Back

In a recent ruling, the Allahabad High Court held that mere desertion by a spouse does not prove an intention to dissolve the marriage under the Hindu Marriage Act. The court emphasized that genuine efforts to reconcile are essential before claiming desertion as a ground for divorce. It noted that the spouse alleging desertion must demonstrate efforts to bring the estranged partner back to the matrimonial home. This decision underscores the importance of attempted reconciliation in marital disputes under Hindu law, setting a precedent for future cases involving desertion as grounds for divorce.