Desertion means intentional abandonment of one spouse by other without consent of other and without a reasonable cause. There should be animus deserendi on part of deserting spouse. Whether a case of desertion is established or not will depend on peculiar facts of each case. It is a matter of drawing an inference based on facts brought on record by way of evidence. Wife staying for one night in her matrimonial home at time of death of her mother-in-law cannot be said to be resumption of cohabitation. The intention on the part of the respondent to resume co habitation is not established, the factum of separation has been proved. The marriage shall, stand dissolved by a decree of Divorce under sec 13(1)(ib) of the Hindu Marriage Act, 1955.
[Debananda Tamuli v. Kakumoni Kataky, (2022) 5 SCC 459]