NARAYAN GANESH DASTANE vs SUCHETA NARAYAN DASTANE

The Supreme Court held that in matrimonial matters, the burden of proof lies on the petitioner to establish cruelty under Section 10(1)(b) of the Hindu Marriage Act, and not beyond a reasonable doubt, but rather by a preponderance of probabilities. The Court found that the High Court erred in requiring a higher standard of proof and clarified that sexual intercourse does not amount to condonation of cruelty. The Court ultimately decided to review the evidence itself due to the prolonged pendency of the case, rather than remanding it back to the High Court.