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PETITIONER: BIPIN CHANDER JAISINGHBHAI SHAH
Vs.
RESPONDENT: PRABHAWATI.
DATE OF JUDGMENT: 19/10/1956
BENCH: SINHA, BHUVNESHWAR P. BENCH: SINHA, BHUVNESHWAR P. JAGANNADHADAS, B. AIYYAR, T.L. VENKATARAMA
CITATION: 1957 AIR 176 1956 SCR 838
ACT: Husband and Wife-Divorce-Desertion-Ingredients of Desertion- Intention-Animus Deserendi-Statutory period of separation -Burden of proof-Bombay Hindu Divorce Act, 1947 (Bom. XXII of 1947), s. 3(1)(d).
HEADNOTE: The parties were married in 1942 and there was a child of the marriage. In 1947 the appellant left for England on business and on his return to India discovered that this wife (respondent) bad 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 pretext of the marriage of her cousin which was to take place in June. On July 15, 1947, the appellant sent a notice to the respondent through his solicitor in which after mentioning the fact that she had, left against his wishes stated that he did not desire to keep her any’ longer under his care and protection, and desired her to send the minor son to him. On July 4, 1951, the appellant instituted the suit for divorce under s. 3(1)(d) of the Bombay Hindu Divorce Act, 1947, on the ground that the r...