Constructive desertion is when one spouse makes the household unlivable for the other spouse. Misconduct that qualifies constructive desertion can include domestic violence and excessive emotional harassment. Willful and continual refusal of sexual relations for 12 months can also contribute to constructive desertion.

What is the constructive desertion?

The Kerala High Court has held that when the appellant-husband makes an offer to resume the marital relationship, and the respondent-wife resists without any reasonable cause, failing to resume cohabitation, it would amount to "constructive desertion".

How do you prove constructive abandonment?

To show constructive abandonment, you must establish that your spouse's withholding of affection is willful. In order to show willfulness, you will want to have some evidence that your spouse knew the lack of sex was a problem for you. At the very least, you should have discussed the problem with your spouse.