Divorce--Desertion--spouse's refusal to cohabit is compelled by the other spouse's extramarital relationship, no inference of desertion arises
Courts cannot apply inconsistent evidentiary standards to spouses in matrimonial proceedings. Where allegations are of a grave and serious nature, a degree of corroboration is required regardless of which party raises them. Uncorroborated oral testimony of one spouse cannot sustain a finding of cruelty while the other spouse's claims are rejected for want of documentary proof. Further, desertion under the Hindu Marriage Act requires both physical separation and animus deserendi. Where a spouse's refusal to cohabit is compelled by the other spouse's extramarital relationship, no inference of desertion arises. Evidence of such a relationship goes to the root of the matter and cannot be disregarded without proper evidentiary inquiry.
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