MINIMOL JOSEPH Vs. JOSE POONOLY

JUDGEMENT

(1.) THE petitioner and respondent are Roman Catholics professing the Christian religion. They were married on 29.6.1987 in accordance with the custom of the community at St. Mary's Parish Church, Chowara. After the marriage, they lived together in the house of the respondent. The petitioner would allege that even on the first night of the marriage, the respondent was drunk. She alleges that he was in the regular habit of consuming alcohol. Physical and mental torture at the hands of the respondent is also alleged by her. According to her, though they lived together for five years, during the whole period the respondent did not show any interest in marital sex. No attempt was made by him to consummate the marriage. He did not develop any attachment towards the petitioner either physically or mentally and all her attempts to have physical relationship with him were resisted and rendered abortive by the respondent. He showed total reluctance when the petitioner made an attempt at copulation. This, according to the petitioner, is due to the fact that the respondent was suffering from impotency.

(2.) IT is also alleged in the original petition that the respondent was mentally ill even before the marriage and subsequent to that. He was undergoing treatment from various mental hospitals.

(3.) THE respondent filed a counter affidavit in which all the allegations contained in the original petition are denied. He also added that in view of the withdrawal of O.P. No. 22 of 1993 filed by the petitioner before the Family Court, Ernakulam, the present application is not maintainable. Allegations regarding insanity and impotency are denied by him. Likewise the allegation that the consent of the petitioner was obtained by practising fraud was also denied by him. According to him, no representation was made to the effect that he was a Post Graduate and an Executive of a big Company. Likewise, the averment in the original petition that he treated the petitioner with physical and mental cruelty also is denied by him. He prays for dismissal of the application.