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Vidhya Viswanathan Vs. Kartik Balakrishnan [22/09/14]

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[Civil Appeal No. 9036 of 2014 arising out of S.L.P. (C) No.25056 of 2012]. This appeal is directed against the judgment and order dated 13.2.2012 passed in CMA No.2862 of 2011 by the High Court of Judicature at Madras whereby the said Court has allowed the appeal filed by the husband under Section 19 of Family Courts Act, 1986, and dissolved the marriage between the parties. Brief facts of the case are that the appellant, Vidhya Viswanathan got married to the respondent, Karthik Balakrishnan on 6.4.2005 in Chennai following the Hindu rites. After the marriage, the couple went to London where the respondent (husband) was working, and they lived there for some eight months. In December, 2005, the appellant and the respondent came back to India. However, the appellant went back to England all alone, and his wife did not go there though her husband had purchased a return ticket for her. On 13.9.2008, the husband filed a petition under Section 13 (1) (ia) of the Hindu Marriage Act, 1955 for dissolution of marriage. It is pleaded by the respondent (husband) that while the appellant was with him in London, she used to insult him. It is alleged by him that at times she used to get violent and hysterical. The husband further pleaded that even after his best efforts, the appellant did not allow him to consummate the marriage.

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