VIDHYA VISWANATHAN versus KARTIK BALAKRISHNAN

VIDHYA VISWANATHAN versus KARTIK BALAKRISHNAN

The respondent-wife’s refusal to consummate the marriage without sufficient reason, together with her behaviour, amounted to mental cruelty as illustrated in Samar Ghosh case (supra); therefore, the decree of divorce granted by the High Court is affirmed.

Parties
Appellant: Vidhya Viswanathan; Respondent: Kartik Balakrishnan
Jurisdiction
India
Judgment Date
22 September 2014
Procedural Posture
Civil Appeal / Appeal From High Court Judgment
Outcome
Appeal disposed, decree of divorce affirmed, permanent alimony ordered.
Legal Topics
Divorce, Mental Cruelty, Permanent Alimony
Family Law Divorce Mental Cruelty Permanent Alimony

Case Brief

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Parties

Vidhya Viswanathan

Appellant

Kartik Balakrishnan

Respondent

Procedural Posture

Civil Appeal / Appeal From High Court Judgment

Legal Issues

  1. 1 Whether the husband was subjected to mental cruelty by the wife warranting dissolution of marriage under s.13(1)(ia) of the Hindu Marriage Act, 1955.
  2. 2 Whether the appellant-wife is entitled to restoration of conjugal rights as counter-claimed.
  3. 3 What is the appropriate quantum of permanent alimony under s.25 of the Hindu Marriage Act, 1955?

Ratio Decidendi

The respondent-wife’s refusal to consummate the marriage without sufficient reason, together with her behaviour, amounted to mental cruelty as illustrated in Samar Ghosh case (supra); therefore, the decree of divorce granted by the High Court is affirmed.

Court Disposition

Appeal disposed, decree of divorce affirmed, permanent alimony ordered.

Orders

  • Marriage between Vidhya Viswanathan and Kartik Balakrishnan dissolved.
  • Respondent Kartik Balakrishnan directed to pay Rs.40 lakhs to appellant Vidhya Viswanathan as lump sum permanent alimony within three months.