Desertion is an act where the wife or the husband abandons the other and forsakes, without justification, a condition of public, social, or family life, renouncing its responsibilities and evading its duties. I would like to know whether desertion by either spouses is a criminal offence? If it is a punishable offence than under which section and what are the punishments for such act?
Desertion by husband or wife is not a criminal offence because desertion is basis on which divorce can be claimed by either parties. Although, at times it constitutes crime if combined with cruelty under section 498A of the Indian Penal Code but there is not such punishments defined for desertion under any provisions of law. Desertion is mainly used as a ground for seeking divorce.
Desertion can be an offence punishable under law under 2 conditions i.e the factum of separation and the intention to bring cohabitation permanently to an end. However, many use desertion as a ground for seeking divorce and if the wife proves that the husband has deserted her, she is eligible to get maintenance but if the husband proves that the wife has deserted him, she will not get maintenance after the divorce.
