An absolute Divorce on the ground of desertion requires:
1. The Desertion continued for 12 months without interruption before filing of divorce complaint – Parties have to show that they have not resumed relations or slept under the same roof for over 12 months.
2. Proof that the desertion was deliberate and final
3. There is no reasonable expectation of reconciliation – Parties need to show that the marriage cannot be salvaged.
4. Corroboration by a third party
To prove desertion was deliberation one needs to show that:
1. End to cohabitation – Parties stopped living together under the same roof.
2. The other party left without justification with the intent to abandon and end the marriage.
These requirements are discussed in more detail in the case below.