Supreme Court · 2001 INSC 560 · Decided 6 November 2001
Adhyatma Bhatiar Alwar v. Adhyatma Bhatiar Sri Devi
- Court
- Supreme Court of India
- Citation
- 2001 INSC 560 · [2001] SUPP. 5 S.C.R. 130
- Case number
- CIVIL APPEAL No. 6534/1995
- Decided
- 6 November 2001
- Bench
- D.P. MOHAPATRA, DORAISWAMY RAJU (2-judge bench)
- Outcome
- Appeal(s) allowed
- Case type
- Civil
- Acts & sections cited
- Hindu Marriage Act Section 13(l)(ib), 13(1)(ib)
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) 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. Words and Phrases : "Desertion"-Meaning of-In the context of S.13(l)(ib) of the Hindu
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