Desertion-burden of proof


In a case relating to desertion not only has it to be proved that the other spouse is living separately but also that there is animus deserendi. The husband also has to prove that on his part there has been no such conduct which gives reasonable cause to the wife to leave her matrimonial home.

 

imachal Pradesh High Court
Julmi Devi vs Ravi Kumar on 7 June, 2005
Equivalent citations: I (2006) DMC 210
Author: D Gupta
Bench: D Gupta
JUDGMENT
Deepak Gupta, J.
1. This appeal under Section 28 of the Hindu Marriage Act has been filed by the wife against the judgment and decree passed by the learned District Judge, Mandi in Hindu Marriage Petition No. 20 of 2002 dated 27.10.2004 whereby he has granted a decree of divorce in favour of the husband.
2. The facts of the case necessary for decision of the appeal are that the marriage between the parties took place on 13.12.1988. One daughter was born out of the wed-lock. After the birth of the daughter the wife left for her parental village to live with her parents. According to the allegations made in the petition for grant of divorce, the wife from the very beginning, was not interested in living with the husband and she did not permit the husband to have s*xual relations with her. The wife was employed whereas the husband was unemployed at that time.

http://www.lawweb.in/2012/04/desertion-burden-of-proof.html
 
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