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: