NATIONAL LAW INSTITUTE UNIVERSITY,

BHOPAL

FAMILY LAW - I

PROJECT ON

Desertion as a Ground for Divorce: Analysing the Fault

Ground with Scope for Abuse of Law

Submitted To: Submitted by:

Ms. Debashree Sarkar Shivam Patel

2018BALLB86

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INTRODUCTION

Marriage is considered a sacrament and preserved as a social institution. In olden times, it was
believed that this special contract could be put to an end only when one of the spouses was
guilty of an act which undermined the importance of this institution. The word ‘desert’ literally
means ‘to abandon or give up or forsake without any sufficient reason or intention to
return.’ In a marriage, if one spouse leaves the matrimonial alliance without any sufficient
cause he is said to be at ‘fault’. The ambiguity and complexities in the law have been interpreted
by the judiciary which attempts to render justice to the ‘innocent’ party. In spite of this attempt,
there is a scope for abuse and misuse of law by the ‘guilty’ spouse.

STATEMENT OF PROBLEM

What are the problems in discharging the burden of proof how through the theoretical and
judicial interpretations the loop holes of the law have been dealt?

RESEARCH OBJECTIVES

To understand the fault based theory of marriage.

To identify the essential ingredients of desertion

To illustrate the limitations and scope for abuse of law

To identify the nature of desertion as a continuing offence along with the means to terminate it

RESEARCH QUESTIONS

What is judiciary’s contemporary stand on desertion in 21st century?

What are the grounds on which a petition can be filed?

How desertion as a ground for relief differs from other such as adultery and cruelty?

How the scope for abuse of law can be minimised?

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SCOPE AND LIMITATION

This study deals solely with the position in Hindu Law with the position under English law
being considered for the critique of the law in India.

REVIEW OF LITERATURE

1. A. Mookerjee, Marriage, Separation and Divorce (Calcutta: S C Sarkar and Sons,

1986).

2. Dr. Sir H. S. Gour, The Hindu Code: II (6th edn., Allahabad: Law Publishers Pvt. Ltd.,

1998).

3. S. A. Desai, Mulla Hindu Law: II (17th edn., New Delhi: Butterworths, 1998).