Supreme Court of India
Adhyatma Bhatiar Alwar v. Adhyatma Bhatiar Sri Devi
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1 Supreme Court bench has cited this judgment.
From the headnote
Hindu Law: Hindu Marriage Act, 1955: Section 13(l)(ib). Desertion-Ingredients of-Held: (i) factum of sparation; (ii) animus deserendi and (iii) these two essential ingredients should continue during the entire statutory period of two years. Desertion-Deserted spouse-Essential conditions-Held; (i) absence of consent and (ii) absence of conduct of the other spouse. Desertion-Burden of proof-Held: Is on the petitioner for divorce of proving the essential conditions in the two spouses and their continuance throughout the statutory period of two years.
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