Can desertion by husband amount to cruelty

No.  It is not desertion for the reason he is visiting once in a week.  desertion is seen in legal angle completely different way than generally people perceive it.  A spouse can be called to have deserted the other spouse even though they are living under the same roof.  Similarly, a spouse cannot be called to have deserted the other spouse even though he has been living thousands of miles away from the other one.  in a nutshell, desertion means to withdraw from the state of things related to matrmony.  so, courts scrutinise the facts to come to a conclusion of desertion.

Again, visiting once in a week may be cruel or may not be depending upon the facts exist between the spouses. 

Desertion has two elements :-

i) Physical Seperation;

ii) Animus Deserdendi - i.e in laymanish terms - physical withdrawal should have been done with the intention to put cohabitation to an end. To forsake matrimony finally and completely. 

If the H is visiting the wife - the intention element is clearly absent.

and this particular case if the Wife is the person who has forced the husband to stay away and only visit ocassionally - it is the wife who is guilty of desertion (called virtual desertion).  

Mr. Bharat, can you throw some light on the first point, Physical Seperation. I mean when you say physical separation, who is the deserted one? the one who is left or the one who leaves. for examle if a wife leaves husband's home and has been living with her parents and does not come back to her husband and husband also did not go to bring her back. have been livng separately for two years afterwards. who is deserted in this case? can wife claim to be deserted in this case by giving the reason that her husband did not come to fetch her?

Also, I am sorry to be querist in a thread created by some one else..

Regards,

@adv chandu..

thank you sir for your your views on my query............

@adv bharat chugh,

dear sir, would like to thank you for your kind views on my query..............

Hello Mr. Bharat, 

May I request you to oblige me with the answer to my query above?

thanks in advance

abc