Lachman Utamchand Kiriplani vs Meena Alias Mota on 14 August, 1963
11. Their Lordships of the Hon'ble Supreme Court in
Lachman Utamchand Kirpalani versus Meena alias
Mota, AIR 1964 SC 40 have held that in its essence,
desertion means the intentional permanent forsaking and
abandonment of one spouse by the other without that
other's consent and without reasonable cause. It is a total
repudiation of the obligations of marriage. Their Lordships
have further held that the burden of proving desertion - the
'factum' as well as the 'animus deserendi' is on the
petitioner and he or she has to establish beyond reasonable
doubt to the satisfaction of the Court, the desertion
throughout the entire period of two years before the
petition as well as that such desertion was without just
cause. Their Lordships have held as under: