Firstly, desertion as a ground of divorce can be raised when the petitioner files the case whereas a ground like adultery and cruelty arises as soon as it occurs. {code: 'ad_rightslot', pubstack: { adUnitName: 'cdo_rightslot', adUnitPath: '/2863368/rightslot' }, mediaTypes: { banner: { sizes: [[300, 250]] } }, These examples are from corpora and from sources on the web.

userIds: [{ googletag.cmd.push(function() {

This site is educational information based.

if(!isPlusPopupShown()) Thus when the applicant returned to work ,the employer had already accepted his repudiation of the employment contract.

{code: 'ad_leftslot', pubstack: { adUnitName: 'cdo_leftslot', adUnitPath: '/2863368/leftslot' }, mediaTypes: { banner: { sizes: [[120, 600], [160, 600]] } }, { bidder: 'appnexus', params: { placementId: '11654149' }}, Abandonment, malicious. The arbitrator concluded that because of the applicant's repudiation of the employment contract which was accepted by the employer, the dismissal was found to be procedurally and substantively fair. { bidder: 'pubmatic', params: { publisherId: '158679', adSlot: 'cdo_topslot' }}]}, bids: [{ bidder: 'rubicon', params: { accountId: '17282', siteId: '162036', zoneId: '776156', position: 'atf' }}, {code: 'ad_topslot_b', pubstack: { adUnitName: 'cdo_topslot', adUnitPath: '/2863368/topslot' }, mediaTypes: { banner: { sizes: [[728, 90]] } }, Desertions have increased and it is becoming harder for the armies to be held together at all. Such intentional action may take the form of a discontinuance or a waiver.

Desertion and Abscondment refer to cases where an employee stays away from work for a longer period, but with the clear intention not to continue with employment, this intention being evident from the employee's conduct or communications.

Therefore, it becomes necessary for the spouse to take a step back from the matrimonial obligations and lives a free life. The arbitrator found further that the applicant had decided that he was going to proceed on leave, whatever the cost and that the applicant's action in doing that amounted not only to a breach of contract, but also to a gross insubordination - this based on the fact that he ignored the content of the telegram, which was a clear and lawful instruction to return to work.

var pbMobileLrSlots = [ This information should not be considered complete, up to date, and is not intended to be used in place of a visit, consultation, or advice of a legal, medical, or any other professional.

In some jurisdictions, the law is stringent regarding divorce grounds. The applicant stated further that in the past, he had never been required to wait for official approval before proceeding on leave.

{ bidder: 'sovrn', params: { tagid: '346688' }},

'increment': 0.5, bids: [{ bidder: 'rubicon', params: { accountId: '17282', siteId: '162036', zoneId: '776156', position: 'atf' }}, There may be reasons other than misconduct for their absence. { bidder: 'sovrn', params: { tagid: '387232' }}, On proof of desertion beyond doubt, the court grants the spouse or children as have been deserted. Asian Legal Encyclopedia { bidder: 'triplelift', params: { inventoryCode: 'Cambridge_SR' }}, For example, if a man is missing in action while serving in the Armed Services, his wife may not obtain a divorce on desertion grounds since her spouse did not intend to leave his family and flee the marital relationship.

}; var dfpSlots = {}; If he breaches his duty, he rejects his contract. The duty is thus on the employee to provide the employer with a satisfactory explanation as to what were the reasons for being absent without authorization. { bidder: 'appnexus', params: { placementId: '11654149' }}, 43 - Panchayati Raj.

The Legal Thesaurus

var mapping_leftslot = googletag.sizeMapping().addSize([1063, 0], [[120, 600], [160, 600], [300, 600]]).addSize([963, 0], [[120, 600], [160, 600]]).addSize([0, 0], []).build(); bids: [{ bidder: 'rubicon', params: { accountId: '17282', siteId: '162036', zoneId: '1666926', position: 'btf' }}, 2. To prove the above contention, an illustration should be given - the wife is being subjected to a lot of harm and torture by the husband but she cannot prove it in the court of law. { bidder: 'triplelift', params: { inventoryCode: 'Cambridge_HDX' }}, dfpSlots['rightslot'] = googletag.defineSlot('/2863368/rightslot', [[300, 250]], 'ad_rightslot').defineSizeMapping(mapping_rightslot).setTargeting('sri', '0').setTargeting('vp', 'mid').setTargeting('hp', 'right').addService(googletag.pubads()); The desertion is considered as one of the grounds for divorce. params: {

Have desertions not increased to a great extent lately?

}); The respondent was entitled to conclude that the applicant had no intention to continue with his contract of employment, and the respondent terminated the contract accordingly.

He stated that completing of the application for annual leave form, was sufficient because annual leave had never been refused.

"sign-in": "", The applicant stated that at the time he received a telegram, he was busy packing to proceed on annual leave, and he never read the telegram until a few days later. { bidder: 'criteo', params: { networkId: 7100, publisherSubId: 'cdo_btmslot' }}, { bidder: 'pubmatic', params: { publisherId: '158679', adSlot: 'cdo_topslot' }}]}, "sign-up": "",

After the employees have been deemed to be so discharged, and provided they, firstly, report for duty and, secondly, they show good cause, their reinstatement into their former or other positions may be approved subject to conditions (s 17(5)(b)). { bidder: 'ix', params: { siteId: '195464', size: [160, 600] }},

This broad meaning has a number of applications in different branches of law. 'increment': 1, If one invents something and does not get a patent but allows others to use the invention or dedicates it to public use, the right to patent is probably abandoned. convicted thereof, be punished, according to the nature of his offence, at

"authorizationTimeout": 10000 51 - Rural Development, Know your Ministry - No. Laws that embody the Enoch Arden Doctrine grant a divorce if evidence establishes that an individual's spouse has vanished and cannot be found through diligent efforts. Abandonment or desertion means that neither the husband nor the wife refuse the duties and obligations associated with the marriage. { bidder: 'ix', params: { siteId: '195451', size: [300, 250] }},

Add the power of Cambridge Dictionary to your website using our free search box widgets. The employer would have to establish this intention in a fair process”, In SACWU vs DYASI 2001 7D LLR 731 (LAC).

If the spouse returns at any time, the marriage remains intact under common law. pbjs.que.push(function() { }; Learn more.

} { bidder: 'criteo', params: { networkId: 7100, publisherSubId: 'cdo_rightslot2' }}, storage: {

Being a land of diverse culture and with thousands of customary laws being followed, one of the solutions is provided by the Mizo customary Law which provides that when the husband seems to have deserted his wife and family, everything belonging to him i.e. { bidder: 'criteo', params: { networkId: 7100, publisherSubId: 'cdo_btmslot' }}, The implications can go much deeper, involving a repudiation of contract by the errant employee, as well as charges of gross insubordination, justifying dismissal.

{ bidder: 'ix', params: { siteId: '195451', size: [300, 50] }}, bids: [{ bidder: 'rubicon', params: { accountId: '17282', siteId: '162036', zoneId: '776130', position: 'btf' }}, In SABC v CCMA and Others (2002) 8 BLLR 693 (LAC).

{ bidder: 'criteo', params: { networkId: 7100, publisherSubId: 'cdo_rightslot' }}, { bidder: 'triplelift', params: { inventoryCode: 'Cambridge_Billboard' }}, },{ And on another hand, if the spouse leaves the matrimonial obligation, she will be served with a divorce on the ground of desertion. 'max': 30,

pbjs.que = pbjs.que || []; bids: [{ bidder: 'rubicon', params: { accountId: '17282', siteId: '162050', zoneId: '776336', position: 'btf' }}, { bidder: 'criteo', params: { networkId: 7100, publisherSubId: 'cdo_btmslot' }}, desertion definition: 1. the act of leaving the armed forces without permission: 2. the act of leaving someone behind in…. iasLog("criterion : cdo_pt = entry"); Desertion, which is called abandonment in some statutes, is a Divorce ground in a majority of states. Even if the spouse left the house but still contacts her through phone or other means, it cannot be a ground for desertion. dfpSlots['houseslot_b'] = googletag.defineSlot('/2863368/houseslot', [], 'ad_houseslot_b').defineSizeMapping(mapping_houseslot_b).setTargeting('sri', '0').setTargeting('vp', 'btm').setTargeting('hp', 'center').setCategoryExclusion('house').addService(googletag.pubads()); Desertions are on the increase and are likely to become more frequent, particularly as troops are used to suppress civil unrest, whether caused by troop shortages or ethnic tensions.

type: "cookie", { bidder: 'ix', params: { siteId: '555365', size: [160, 600] }}, 'min': 31,

{ bidder: 'triplelift', params: { inventoryCode: 'Cambridge_SR' }},

bidderSequence: "fixed" { bidder: 'appnexus', params: { placementId: '11654156' }}, { bidder: 'triplelift', params: { inventoryCode: 'Cambridge_MidArticle' }}, In the United States navy the term “straggling” is applied to absence without leave, where the probability is that the person does not intend to desert. iasLog("exclusion label : resp"); googletag.pubads().setTargeting("cdo_dc", "english"); A short time ago there were many reports of desertions and of begging at the railway stations and in the market places. { bidder: 'ix', params: { siteId: '195466', size: [728, 90] }}, name: "pbjs-unifiedid", { bidder: 'appnexus', params: { placementId: '19042093' }}, "sign-out": ""