Supreme Court of India
Lachman Utamchand Kirpalani v. Meena Alias Mota
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9 Supreme Court benches have cited this judgment.
What the Court ordered
For the aforesaid reasons, I agree with the conclusion arrived at by the High Court.
Judgment, page 73
From the headnote
Husband and wife-fudicial separation-Desertion without just cause-Offer to return to matrimonial home must be shown to be bona fide-Petition for judicial separation-Burden of proof-Hindn Marriage Act, 1955 (25 of 1955), s. lO(l)(a). Where an application is made under s. lO(l)(a) of the Hindu Marriage Act, 1955, for a decree for judicial separation on the ground of desertion, the legal burden is upon the petitioning spouse to establish by convincing evidence beyond any reasonable doubt that the respondent intentionally forsook and abandoned him or her without reasonable cause. The petitioner
Authorities it was built on
Where later benches applied it
- 2023 Smt. Roopa Soni v. Kamalnarayan Soni
- 2023 Dr. Nirmal Singh Panesar v. Mrs. Paramjit Kaur Panesar @ Ajinder Kaur Panesar
- 2014 Dr. (mrs.) Malathi Ravi, M.D. v. Dr. B.V. Ravi M.D.
- 2006 Naveen Kohli v. Neelu Kohli
- 2003 Punit Rai v. Dinesh Chaudhary
- 2001 Adhyatma Bhatiar Alwar v. Adhyatma Bhatiar Sri Devi
- 1971 Rohini Kumari v. Narendra Singh
- 1966 Superintendent & Legal Remembrancer, State of West Bengal v. Corporation of Calcutta
- 1963 Vasumatiben Gaurishankar Bhatt v. Navairam Manchharam Vora and Ors.
Of those, 1 referred to · 8 mentioned
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