Supreme Court delivered this verdict granting/affirming the decree of divorce granted by the High Court dissolving the marriage between the parties based on Mental Cruelty.
Excerpt from the lower court (High Court) judgement as observed by the Apex court:
“ 44. It has to be further pointed out that while P.W.1 was cross examined by the respondent, it has not been suggested to P.W.1 that he suggested to the respondent that they should have a child only after two years. Thus it appears that this explanation of the respondent for non consummation of the marriage is only an afterthought. Even assuming for a moment that the appellant wanted to have a child only after two years that does not mean that the appellant and the respondent cannot and should not have sexual intercourse. Admittedly, both of them are well educated and there are so many contraceptives available and they could have used such contraceptives and avoided pregnancy if they had wanted.”
Vidhya Viswanathan vs Kartik Balakrishnan on 22 September, 2014
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