Is a wife deemed to be deserted when she is living apart from her husband?

As to Auchinvole v. Auchinvole, supra, this was a British Columbia case. There the Act read that a wife is deemed to be deserted when she is living apart from her husband, (1) Because of his acts of cruelty; or (2) Because of his refusal or neglect to supply her with food and other necessaries. Thus the wife in British Columbia at that time had first to show that she was living apart from her husband because of either of these two things. It is true, therefore, that if he simply left her for another woman, she was not in fact living apart from him for either of these reasons but because he chose to leave her.