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Legal Definitions - obstinate desertion

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Definition of obstinate desertion

Definition: Obstinate desertion refers to the willful and unjustified abandonment of a person's duties or obligations, especially to military service or to a spouse or family. It is a persistent refusal to return to the marital home, giving the other spouse grounds for divorce.

Examples:

  • A soldier who leaves his post without permission and does not return is guilty of desertion.
  • A spouse who leaves the marital home and refuses to return, despite the other spouse's pleas, is guilty of obstinate desertion.

These examples illustrate how obstinate desertion involves a deliberate and unjustified abandonment of responsibilities, whether it be to one's country or to one's family. It is a serious breach of trust and can have legal consequences, such as divorce proceedings.

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Simple Definition

Obstinate desertion is when someone willfully and unjustifiably abandons their duties or obligations, such as military service or their spouse and family. In family law, it refers to a spouse who persistently refuses to return to the marital home, giving the other spouse grounds for divorce. Before the advent of no-fault divorce, this term was commonly used in divorce statutes.

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