Divorce -- Desertion -- Separate living alone insufficient; animus deserendi must be proved
(i) Hindu Marriage Act, 1955, S.13(1)(ib) -- Divorce -- Desertion -- Separate living for a considerable period does not by itself constitute desertion in law. What must be proved is the animus deserendi — the intention to desert — attributable to the spouse living apart. (ii) Hindu Marriage Act, 1955, S.13(1)(ia) -- Divorce -- False Accusation of Extramarital Relationship -- An accusation of an extramarital relationship levelled against a spouse without sufficient basis amounts to mental cruelty. Such conduct may constitute reasonable cause for the wife to live apart and defeats the husband's claim of desertion against her. (iii) Evidence Act, 1872, S.102 -- Burden of Proof -- Party Seeking Relief -- Burden of proof lies upon the party approaching the court for the relief sought, not upon the weakness of the other side. A party must prove his case on the strength of his own evidence, irrespective of whether the other side has contested or not.
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