25-4-9. Desertion by departure during absence of spouse induced by fraud.
When one party is induced by the stratagem or fraud of the other party to leave the family dwelling place or to be absent, and during such absence the offending party departs with intent to desert the other, it is desertion by the party committing the stratagem or fraud and not by the other.
Source: SDC 1939, §14.0709 (2).