EDWIN SUDHAKAR Vs. ASHA LATHA

JUDGEMENT

(1.) Aggrieved by the dismissal of the petition filed by the appellant under Section 10of Indian Divorce Act, 1869, for dissolution of the marriage solemnized between the appellant and the respondent on 18.5.2001, in terms of order dated 18.4.2011, passed by the II Additional District & Sessions Judge, Tumkur in MC No. 5 of 2009, the present appeal is filed. Before hearing the appeal, an attempt was made by this Court to settle the dispute amicably between the parties. As the attempt made by this Court has ended in vain, we have heard this appeal on merits.

(2.) Facts of the case are that: The parties are Christians and their marriage was solemnized under the Special Marriages Act, 1954, registered before the Sub-Registrar, Tumkur on 18.5.2001. The husband is working as library assistant and the wife is working as office assistant at Bishop Sargent School, B.H. Road, Tumkur. The respondent was insisting the appellant to marry him and the appellant was not willing to marry her. By force and under threat of town police, Tumkur, the marriage was solemnized. The marriage has not been consummated. Both parties lived together only for a week. The marriage was not consummated on account of the non-cooperation of the respondent. Later the husband left the home and residing separately. The request of the appellant to get her back has ended in vain. In addition to that, she used to abuse him in foul language in streets and before the general public. She used to tease him in the school where both are working, in the presence of colleagues and teachers. Therefore, he filed the petition for divorce.

(3.) Before filing the present petition, the husband had filed a petition under Section 27 of the Special Marriages Act, 1954 in MC No. 35 of 2013. After service of summons in the said case, the respondent-wife contested the case. Since there was chance of reunion, he withdraw the petition, and later the present petition was filed. It was contended in MC No. 35 of 2003 by the respondent that the appellant herein is an impotent and he has to undergo a medical test to prove that he is capable of performing his marital obligations. Therefore, the husband filed the petition for grant of a decree of divorce.