Question

Given below is a statement of principle followed by a failual situation. Apply the principle to the file  given below and select the most appropriate answer 

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 the US in January 2011 for pursuing his higher studies for a period of three years. In fact, Rohan went to the 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 the US he has quite often been in touch with his wife. Subsequently, Rohan has got a job there in the US and he wishes to take his wife. She refuses to go to the US and, in the meanwhile, she files a petition for a decree, of divorce on the ground of desertion by her husband.

Options

• Rohan's three year stay in US in the above context can amount to a ground of desertion for divorce  

• Rohan's three years stay in the US in the above context cannot amount to a ground of desertion for divorce

• Rohan's continued stay after three years can amount  to a ground of desertion for divorce 

• Basanti's refusal can amount to a ground of desertion for divorce

Answer 1

Rohan's three years stay in the US in the above context cannot amount to a ground of desertion for divorce

Explanation:

According to the provisions of the Hindu Marriage Act 1955, either party can file a petition for a decree of divorce on the ground of desertion provided that desertion has been committed for a period of not less than 2 yr and without the consent of the other party. In the given case Rohan's stay in the US for three years cannot amount to a ground of desertion for divorce because he went to the US with the consent of his wife.