In what circumstances will a husband be found guilty of desertion for failing to heed the two demands made to the wife by her husband before he commenced an action against her for desertion?

The respondent’s counsel submitted that the husband became guilty of desertion in any event when he failed to heed the two letters which were sent to the appellant on the respondent’s behalf on October 23 and on November 9, 1928. These letters show that demands were made upon the appellant before proceedings were instituted against him. But this has nothing to do with the desertion itself, which became an accomplished fact on June 16, 1928. No one can desert who does not actively and wilfully bring to an end an existing state of cohabitation. Cohabitation may be put an end to by other acts besides that of actually quitting the common home; and when once cohabitation has ceased to exist, whether by the adverse act of husband or wife, or even by the mutual consent of both, desertion becomes from that moment impossible to either, at least until their common life and home have been resumed: [Fitzgerald v. Fitzgerald (1869) L.R. 1 P. 694, 38 L.J.P. 14.]