Lachman Utamchand Kiriplani vs Meena Alias Mota on 14 August, 1963
15.
Lachman
rt
Their Lordships of the Hon'ble Supreme Court in
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: