ABSTRACT

Desertion is a highly technical subject and is defined in s 1(2)(c) of the MCA 1973 as follows: ‘That the respondent has deserted the petitioner for a continuous period of at least two years immediately preceding the presentation of the petition.’ This requires the four separate elements of actual separation, intention to desert by the respondent, lack of consent to the separation by the petitioner and absence of just cause for the respondent’s leaving.