POULOSE M P Vs. MARY T KURIAN

JUDGEMENT

(1.) Husband approached the Family Court, Ernakulam by moving O.P. 653/1994 for a declaration of nullity of marriage under S.18 of the Indian Divorce Act, hereinafter referred to as "the Act". Material averments made by him in the petition were as follows - Marriage between the petitioner and respondent was solemnised in accordance with the Christian rites on 2.10.1991 at Thuravur St. Augustine's Church. At the time of the marriage, respondent was employed as a Nurse in Muscat. After the marriage, she left for Muscat on 19.10.1991, before which date me marriage could not be consumated. On the date of the petition, she was working as Nurse in Austria. According to the petitioner, during the short spell of time when they lived together, respondent did not allow him to have sexual intercourse on the ground that she wanted to become a nun, but her relatives forced her to marry him and that she does not want to have a married life with the petitioner.

(2.) Notice on the petition was served on the respondent. She did not care to enter appearance before the Court below. She did not arrange for filing a counter even,

(3.) Petitioner, as PW-1, gave evidence before Court stating that respondent did not allow him to have sex with her. She also, it is stated, asserted that she does not like to have sex with him because she wants to become a nun. According to the respondent, she was averse to marriage; but the marriage was solemnised only because of the pressure exerted on her by her relatives.