Desertation
Divorce through breakdown of marriage. Desertion means wilful absenting of the husband from the society of his wife in spite of her wishes. It consists of the unjustified withdrawal from cohabitation by one spouse without the consent of the other with the intention of remaining separated permanently. According to Section 54 (1)(c) Law Reform (Marriage and Divorce) Act 1976 (LRA), respondent has deserted the petitioner for a continuous period of at least 2 years immediately preceding the presentation of the petition. Basically, there are 2 types of desertion which are; 1. Simple desertion 2. Constructive desertion 1. Simple desertion Simple desertion is a situation where one party leaves another party without reasonable cause, then the party who leaves is in desertion. We can say that there are 4 essential elements of desertion; I. De facto separation (fact of separation), where the parties must be separated for 2 years and there must ...