BIPIN CHANDER JAISINGHBHAI SHAH vs PRABHAWATI.

The Supreme Court held that under Section 3(1)(d) of the Bombay Hindu Divorce Act, 1947, the essential elements for establishing desertion include the factum of separation and the intention to permanently end cohabitation (animus deserendi). The Court found that the respondent's departure was not motivated by an intention to desert, as it stemmed from guilt and a desire for reconciliation, which was thwarted by the appellant's attitude. Consequently, the appellant's claim for divorce on the grounds of desertion was denied due to lack of proof of continuous desertion for the statutory period of four years.