M. Badrika Vs. D. R. Mahendra – CA 1046/1998-1998

The case between D. R. Mahendra (Plaintiff-Respondent, husband) and M. Badrika (Defendant-Appellant, wife) addressed the issue of whether the cause of action for divorce—malicious desertion—had been properly established by the husband. It was held that the available evidence, particularly relating to the wife’s recurrent absences from the matrimonial home and consistent refusal to engage in conjugal relations, substantiated the finding of malicious desertion. This decision reaffirmed the principle that persistent and unjustified withdrawal from marital obligations constitutes grounds for divorce, with reliance placed on the trial court’s evaluation of factual evidence and established standards relating to proof of desertion. The outcome underscores the court’s deference to primary factual