Supreme Court · 1956 INSC 56 · Decided 19 October 1956
Bipin Chander Jaisinghbhai Shah v. PRABHAWATI.
- Court
- Supreme Court of India
- Citation
- 1956 INSC 56 · [1956] 1 S.C.R. 838
- Case number
- CIVIL APPEAL No. 247/1953
- Decided
- 19 October 1956
- Bench
- B. JAGANNADHADAS, T.L. VENKATARAMA AIYYAR, BHUVNESHWAR PRASAD SINHA (3-judge bench)
- Outcome
- Dismissed
- Case type
- Civil
Headnote
Husband and Wife-Divorce-Desertion-Ingredients of Deser­ tion-Intention-Animus Deserendi-Statutory period of separaticn -Burden of proof-Bombay Hind" Divorce Act, 1947 (Bom. XXII of 1947 ), s. 3(1)( d). The parties were married in 1942 and there was a child of the marriage. In 1947 the return to India discovered that this wife (respondent) had been having amorous correspondence with one M, and taxed her with having developed intimacy with him. She was unable to give any answer and went to her father's place on May 24, 1947, on the pre· text of the marriage of her cousin
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