Animus deserendi
| Literal meaning | The intention to desert |
|---|---|
| Pronunciation | AN-ih-mus deh-seh-REN-dye |
The intention to end living together permanently. It is one of the two essentials of desertion, along with actual separation.
Example
A wife leaves the matrimonial home and says she will never return. Her intention to end the cohabitation permanently is the animus deserendi.
Case laws
- Bipinchandra Jaisinghbhai Shah v. Prabhavati (1957), Supreme Court: desertion needs the fact of separation and the intention to bring cohabitation permanently to an end.
Statutory link
Section 13(1)(ib) of the Hindu Marriage Act, 1955: desertion for a continuous period of at least two years is a ground for divorce.
Exam tip
Asked as the two essentials of desertion.
Memory trick
Leaving plus the will to leave for good.
Key takeaway
Desertion needs both separation and the intention to end cohabitation.
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