S RAGHAVENDRA Vs. SHANTHA

JUDGEMENT

(1.) this is the husband's appeal against the judgment and decree dated 28-11-1989 made in mc. No. 13/1984 on the file of the learned civil judge at raichur rejecting his petition under Section 13 of the Hindu Marriage Act, 1955 (hereinafter referred to as the 'act') refusing to annul the marriage solemnised between him and his wife (respondent in the court-below as well as in this court) on 31-5-1982 at a village in raichur district.

(2.) he presented the petition setting out a series of facts leading to the solemnisation of his marriage with respondent and further alleging that the respondent was a sick lady suffering from mitral stenosys which rendered her incompetent to have sexual intercourse and that he was kept in dark by tbe respondent's parents and her marriage which was never consummated: he further asserted that he gave tbe best of treatment possible at raichur to her and thereafter tbe respondent left the family on 10-10-1983 and did not come back. In that circumstance, be alleged tbat all efforts made by him to bring her back to his family and failed and all the monies spent by him for her treatment had gone waste. Having regard to tbe refusal of the respondent to have sexual intercourse with him and ber inability to consummate the marriage he prayed for dissolution of his marriage with the respondent.

(3.) the petition was resisted by tbe respondent denying tbat her ailment had anything to do with the sexual relationship and that it could not be a ground for divorce. She pleaded that she was treated at k.e.m hospital at Bombay as an in patient from 30-3-1984 to 29-8-1984 and she was cured of the disease shown in tbe certificate. She asserted that she was healthy and was capable of leading normal sexual life. She further alleged that the petitioner, her husband, was addicted to bad habits and he was a womaniscr and since the time of her marriage, be ill-treated ber; that he threw her out of the bouse in the month of January at the instance of his sister-in-law who was ill-treating her; that she was always ready and willing to lead a normal life with her busband and ber marriage had been consummated. She therefore prayed for dismissal of the petition: