SUBRAMANIAN Vs. SRIVIDYA

JUDGEMENT

(1.) The unsuccessful petitioner in MC.No.1814/2004 on the file of Family Court, Bangalore, has come up in this first appeal. Brief facts leading to this appeal are as under. For the sake of convenience the parties to this appeal are referred to by their rank in the court below.

(2.) Petitioner and respondent herein are husband and wife. Their marriage was arranged by the elders of respective family.

(3.) The difference between parties appears to have started from the day of their marriage. According to petitioner, immediately after the marriage i.e., on the first night in the nuptial ceremony, the marriage could not be consummated as he could not have successful intercourse with his wife, since she had certain skin disorder, localised around her private parts with infectious eruptions having pus formation in it. The said skin disorder prevented the parties to consummate their marriage on its nuptials. The petitioner has stated that his wife informed him, as having blood related infection, resulting in such eruptions, until that subsides it may not be possible for her to cooperate in consummation of marriage and the same was accepted by the petitioner. Immediately thereafter on 5th September 2003, marriage reception was organised for them at Chennai. At that time, they stayed together in the house of petitioner for two days. Thereafter, they went to Munnar for their honeymoon, since tickets and accommodation were booked in advance, they felt it is not worth cancelling the same. Hence, they went ahead with the honeymoon trip and stayed in Munnar and other places for nearly a week, where the physical relationship between them could not take place due to aforesaid problem of respondent.