MUKTHA Vs. T PRASANNAN

JUDGEMENT

(1.) MAT.A.No.61 of 2007 is filed by respondents 1 and 2 in O.P.(HMA) No.264 of 2005 and MAT.A. No. 62 of 2007 is filed by the petitioner in O.P. (HMA) No. 272 of 2005 on the file of the Family Court, Kollam. The respondent in MAT.A.No.61 of 2007 is the petitioner/husband in O.P.(HMA) No.264 of 2005 and the respondent/husband in MAT.A.No.62 of 2007is the respondent in O.P. (HMA) No. 272 of 2005.

(2.) O.P.264 of 2005 is a petition filed by the petitioner/ husband as against the first respondent and her mother for a decree of nullity of marriage under Section 12(1)(c) of the Hindu Marriage Act on the allegation that there was misrepresentation on the respondents' side with respect to the age of the first respondent and O.P. 272 of 2005 is a petition filed by the petitioner/wife as against the respondent/husband for nullity of marriage under Section 12(1)(c) of the Hindu Marriage Act on the allegation that the respondent is incapable of performing sexual intercourse he being a eunuch and having physical infirmities.

(3.) O.P.No. 272 of 2005 is a petition filed by the wife against the husband under Section 12(1)(c) of the Hindu Marriage Act for a decree of nullity of marriage on the ground that the respondent/husband was impotent at the time of the marriage and continued to be so till the filing of the petition. In the Original Petition the respondent/husband did not file any counter. But the Family Court treated the contentions of the petitioner in O.P.No. 264 of 2005 as the counter of the respondent/husband.