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Lachman Utamchand Kiriplani vs Meena Alias Mota on 14 August, 1963

12. Their Lordships of the Hon'ble Supreme Court in AIR 1964 SC 40 in the case of Lachman Utamchand Kirpalani Vs Meena alias Mota, have held that in its essence, desertion means the intentional permanent forsaking and abandonment of one spouse by the other without 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:
Supreme Court of India Cites 10 - Cited by 215 - N R Ayyangar - Full Document

Smt. Rohini Kumari vs Narendra Singh on 5 October, 1968

13. Their Lordships of the Hon'ble Supreme Court in AIR 1972 SC 459 in the case of Smt. Rohini Kumari versus Narendra Singh, have explained the expression 'desertion' to mean the desertion of the petitioner by the other party to the marriage without reasonable cause and without the consent or against the wish of such party and includes the willful neglect of the petitioner by the other party to the marriage.
Allahabad High Court Cites 14 - Cited by 20 - Full Document

Ashok Kumar Jain vs Sumati Jain on 15 April, 2013

16. Their Lordships of the Hon'ble Supreme Court in AIR 2013 SC 2916 in the case of Ashok Kumar Jain vs. Sumati Jain, have held that it is always open to the Court to examine whether the person seeking divorce "is not in any way taking advantage of his or her own wrong or disability for the purpose of such relief." On such examination if it is so found that the person is taking advantage of his or her wrong or disability, it is open to the Court to refuse to grant relief."
Supreme Court of India Cites 4 - Cited by 18 - Full Document
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