It was observed that the offense of desertion occurs when both the fact of separation and the intention to permanently end cohabitation coexist. These elements may commence simultaneously or separately, with the separating spouse abandoning the marital home with the express or implied intent of permanently ceasing cohabitation.

Regarding desertion, two essential conditions must be met by the deserting spouse: the fact of separation and the intention to permanently end cohabitation (animus deserendi). Similarly, for the deserted spouse, two elements are essential: lack of consent to the separation and absence of conduct justifying the formation of the intent to desert.

The burden of proving these elements rests on the petitioner seeking divorce, as highlighted by Lord Macmillan in Pratt v. Pratt [(1939) AC 417, 420]. It is necessary to demonstrate that the deserting spouse maintained the intention to desert throughout the entire period

In this case, the plaintiff failed to prove his case of desertion, leading to the dismissal of the appeal.