BEENA CHERIAN Vs. K J VARGHESE

JUDGEMENT

(1.) This is a reference under Section 20 of the Indian Divorce Act, 1869 (in short 'the Act'), seeking confirmation of the decree annulling the marriage between the petitioner (hereinafter referred to as the wife) and the respondent (hereinafter referred to as the husband).

(2.) Factual position as presented by parties, sans unnecessary details is as follows :-

(3.) The respondent entered appearance. Counselling was done. Parties were not prepared to live together. The husband filed objection and denied the allegations. He took the positive stand that the marriage was consummated. An allegation was made that since wife wants to re-marry a person, who is financially sound, after getting divorce, this petition was filed. It was also submitted that he had a thorough medical checkup at Mundadanpadom Hospital. It was found that he was perfectly potent. The doctor had also issued a certificate to that effect.