Divorce _ Denial to enter house _ Principle of 'Constructive Desertion'.

Divorce _ Desertion _ Denial to enter house _ Principle of 'Constructive Desertion'.
Respondent had moved to Valsad due to his transfer _ When he visited appellant at Surat on 12-1-1997 at premises which he had rented for her to live in, she threw him out of the very premises and further threatened him of dire consequences if he entered again _ Ejection of the other spouse from the home with the intention not to cohabit equally constitutes desertion _ Conduct appellant on the whole is evidence of animus deserdendi _ Since this incident, the parties have not cohabited till the date of filing of the divorce petition on 8-10-2003 and thereafter _ Said incident compelled the respondent to leave and stay away from the matrimonial home _ Divorce decree upheld u/s 13(1)(ib) against the appellant on the ground of desertion.
Mrs. X Vs. Mr. Y 2010 (2) LJSOFT (URC) 47