( 1 ) SHOULD decree for divorce by dissolution of marriage he denied under Section 13 (1) (b) of hindu Marriage Act because animus for desertion was not established as petitioner did not make any effort to reconciliate by either going or writing letters or sending anyone even though respondent had separated of her own accord.

( 2 ) FROM unchallenged statement of petitioner, as the respondent did not appear either in the trial court or this Court despite service, it is established that the respondent went away with her brother in 1979, and is living separately with him since then. The ingredient of separation the first essential of desertion, therefore, was found established. The decree for divorce, however, was refused because animus or intention to desert could not be inferred because petitioner did not make any effort to reconciliate. According to trial Court the respondent was Hindu wife and she having left with her brother in the month of February, 1979 it was moral as well as legal obligation of the petitioner to visit her and bring her back and as he failed to do so he was guilty of constructive desertion.

( 3 ) DESERTION under Hindu Marriage Act by either spo