‘Desertion’ under Divorce Act Means Abandonment Without Reasonable Cause; Past Maintenance Denied to Deserting Spouse: Kerala High Court
The Kerala High Court has clarified the legal meaning of the term desertion under Section 10 of the Divorce Act, 1869, holding that desertion must necessarily mean desertion without reasonable cause, even though the statute does not expressly use those words. The Court held that any other interpretation would be unconstitutional and unfair, as it would penalize a spouse who lives separately for just and valid reasons. Bench and Nature…
