LACHMAN UTAMCHAND KIRIPLANI vs MEENA alias MOTA

The Supreme Court held that under Section 10(1)(a) of the Hindu Marriage Act, 1955, the burden of proof lies on the petitioning spouse to demonstrate that the other spouse has deserted them without just cause. The Court emphasized that the petitioner must show continuous desertion and that the respondent made no bona fide attempt to return. Furthermore, an insincere offer to return does not interrupt the desertion, while a genuine offer does. The judgment clarified the legal standards for establishing desertion in judicial separation cases.