ANNIE BENJAMIN Vs. BANJAMIN MATHEW

JUDGEMENT

(1.) This is an appeal against the order of the Additional District Judge dismissing the petition under Section 18 and 22 of the Indian Divorce Act, 1969. The petition was tried and heard on the following issues:-

(2.) The petitioner/appellant is a qualified nurse and the parties were married in Kerala according to Christian Rit as stipulated by the Church of South India on 11th August, 1977. Both the parties were employed in Delhi and they finally separated on 12th December, 1978 in Delhi, where they last resided together. The petitioner in her statement on the point of impotency of the husband stated as under :-

(3.) Although, one of the parties stated in the picadings that the petitioner became pregnant at any time during the period 11th August 1977 to 12th December, 1978, the petitioner in her cross-examination when asked stated "that once on account of the involuntarily discharge of the respondent, I became pregnant. However, the respondent has not been able to satisfy me as he is otherwise impotent. That pregnancy was voluntarily got terminated by me." No other evidenco was led that was relevant issue No. 1 and the evidence was closed on the statement of parties. Afterwards, the husband-respondent moved an application to lead additional evidence on both the issues which was allowed and he summoned the record of All India Institute of Medical Sciences where the petitioner was working. The record was produced and the statement made by the petitioner was found to be correct that she became pregnant once during the aforesaid period.