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Family LawSupreme Court of India

Vidhya Viswanathan v. Kartik Balakrishnan

Civil Appeal · Neutral citation not assigned (Civil Appeal No. 9036 of 2014)Decided 22 Sept 2014
Civil Appeal No. 9036 of 2014
Justice Sudhansu Jyoti Mukhopadhaya · Justice Prafulla C. Pant

Background

A couple lived together in London after marriage but separated when the wife remained in India for medical treatment. The husband alleged prolonged rejection of intimacy and abusive behaviour; the wife denied cruelty and offered different explanations. The Family Court rejected divorce, but the High Court granted it, leading to her appeal.

Decision Breakdown

The Supreme Court affirmed the divorce decree after considering the testimony and the parties' complete relationship. It accepted the finding of mental cruelty, including prolonged refusal of marital intimacy without a sufficient explanation in the circumstances proved. That finding depended on evidence rather than treating every disagreement or period of illness as cruelty. Recognising that the wife was no longer employed, the Court additionally ordered the husband to pay ₹40 lakh in permanent lump-sum alimony within three months.

Lesson Learnt

Mental cruelty is assessed from the sustained conduct and circumstances of the marriage. A spouse opposing divorce should address the evidence and explanations directly; the financial consequences can require a separate permanent alimony order.

Vidhya Viswanathan v. Kartik Balakrishnan – Legal Case Shots | LegalAware