ur lawyer advised u wrongly.
desertion is NOT a ground for null and void.
On which ground did u file sec. 11 ??
11. Void marriage
Any marriage solemnized after the commencement of this Act shall be null and void and may, on a petition presented by either party thereto [against the other party], be so declared by a decree of nullity if it contravenes any one of the conditions specified in clauses(i), (iv)and (v)of section 5.
5. Conditions for a Hindu marriage
A marriage may be solemnized between any two Hindus, if the following condition are fulfilled, namely:-
(i) neither party has a spouse living at the time of the marriage
[(ii) at the time of marriage, neither party-
(a) is incapable of giving a valid consent to it in consequence of unsoundness of mind; or
(b) though capable of giving a valid consent, has been suffering from mental disorder of such a kind or to such an extent as to be unfit for marriage and the procreation of children; or
(c ) has been subject to recurrent attacks of insanity [***]
(iii) the bridegroom has completed the age of [twenty one years] and the bride, the age of [eighteen years] at the time of marriage
(iv) the parties are not within the degrees of prohibited relationship, unless the custom or usage governing each of them permits of a marriage between the two;
(v) the parties are not sapindas of each other, unless the custom or usage governing each of them permits of a marriage between the two; [***].
further, desertion is ground for divorce
13. Divorce
(1) Any marriage solemnized, whether before or after the commencement of this Act, may, on a petition presented by either the husband or the wife, be dissolved by decree of divorce on the ground that the other party-
(i) [has after the solemnized of the marriage, had voluntary s*xual inter course with any person other than his or her spouse; or
(ia) has, after the solemnization of the marriage, treated the petitioner with cruelty ;or
(ib) has deserted the petitioner for a continuous period of not less than two years immediately preceding the presentation of the petition; or,]
(ii) has ceased to be a Hindu by conversion to another religion; or
[(iii) has been incurably of unsound mind, or has been suffering continuously or intermittently from mental disorder of such a kind and to such an extent that the petitioner cannot reasonably be expected to live with the respondent.
Explanation: in this clause-
(a) the expression “mental disorder” means mental illness, arrested or incomplete development of mind, psychopathic disorder of any other disorder or disability of mind and includes schizophrenia.
(b) the expression “psychopathic disorder” means a persistent disorder of disability of mind (whether or not including sub- normality of intelligence) which results in abnormally aggressive or seriously irresponsible conduct on the part of the other party, and whether or not it requires or is susceptible to medical treatment or.;
(iv) has [***] been suffering from a virulent and incurable form of leprosy.
(v) has [***] been suffering from venereal disease in a communicable form; or.
(vi) has renounced the world by entering any religious order; or
(vii) has not been heard of as being alive for a period of seven years or more by those persons who would naturally have heard of it, had that party been alive, [***]
.
