Lachman Utamchand Kirpalani Vs Meena alias Mota-14/08/1963

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. In other words, even if the wife, where she is the deserting spouse, does not prove just cause for her living apart, the petitioner-husband has still to satisfy the Court that the desertion was without just cause.