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mrgop (Owner)     20 April 2012

Burden of proof; in case of desertion?

If husband files for divorce on ground of desertion, is it husband's duty to prove that wife deserted him without any reasonable cause? I'm asking it because If husband files RCR, then it becomes the duty of wife to prove the resonable cause for living apart. Do the same principles apply to divorce petition on ground of desertion also?


 3 Replies

Anjuru Chandra Sekhar (Advocate )     20 April 2012

How can a husband prove that wife deserted him without reasonable cause in a court if she does not accept the contention of husband that she deserted him?  Suppose she claims, "I have approached him, visited his house many times to adjust or cohabit with him but he did not allow me to get inside house", how a husband can prove otherwise even if she is lying?  I think it all depends on the discretion of judge as to who appears to him trustworthy at a given point of time.  I don't think family disputes can be based on evidence.

threeleafe (awaited)     20 April 2012

Lets take husband and wife out of picture and then we can understand the law and philosophy better.


The set principle is that party who claims desertion need to prove that the other party has deserted him/her without reasonable cause.  Which if you see from logic point of view, is rational.

So what it means is if wife is claiming desertion, she has to prove that husband has desered her without any reasonable cause and vice versa.


RCR is directly opposite - the opposite party has to either accept that he/she is ready to live together or prove that he/she has reasonable cause to live separately.

Anjuru Chandra Sekhar (Advocate )     20 April 2012

Imagine husband says in court, wife deserted him he has his family members, friends to give evidence on his behalf to court and wife says to court she visited his house to cohabit but he refused to let her come inside his house and sent her back to her maternal home.  She has a few of her relatives to give evidence to that effect.

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