M. Vs. R.

JUDGEMENT

(1.) PETITION under Ss. 10, 18 and 19 of the Indian Divorce Act. Petitioner is the wife and the respondent is the husband. The petitioner is a member of the Church of South India and the respondent is a member of Syrian Jacobite Christian Community.

(2.) AT the time of marriage, the petitioner was practising Gynaecologist after having passed her M.B.B.S. and D.G.O. and at present she is employed at S.U.T. Hospital, Trivandrum. The respondent is an Engineer employed in Traco Cables Ltd., a Public Sector undertaking of the Government of Kerala. Their marriage was solemnized on 29th November 1993 at Syrian Jacobite Puthen Church, Kundara as per the religious customs prevailing among the member of the Syrine Jacobite Church. It was an arranged marriage. The proposal for the marriage appeared in the matrimonial column of the Malayala Manorama, on behalf of the respondent. This was followed by negotiation among the members of the petitioner's and respondent's families and the marriage was later settled.

(3.) AFTER marriage they lived together at the residence of the petitioner at Trivandrum for three days. During the period they spent one day at Kovalam and thereafter they lived at the residence of the respondent at Kundara. According to the petitioner, even during the first night, the respondent preferred to sleep all alone in his bed and the petitioner was directed to sleep on another bed. On the second day they spent their night at the Guest House at Kovalam. The petitioner would allege that on that day she found that the respondent was having anxiety neurosis and he was literally shivering in front of the petitioner. It was also alleged that even though the petitioner took initiative, the respondent did not show any inclination to consummate the marriage. Therefore, the petitioner suspected that the respondent was impotent.