MARY KURIAN Vs. T T JOSEPH

JUDGEMENT

(1.) The parties to this appeal are a wife and husband governed by the Indian Divorce Act, 1869. The parties are Christiana. They were married on 22-61968. The marriage was solemnized at St. Thomas Catholic Church, Payippad in Changanacherry Taluk, Kerala State. According to the wife who is the petitioner in the petition for a decree of nullity of marriage there was no consummation of the marriage by sexual intercourse. The wife is said to have attempted her best to induce her husband to have such intercourse but at all times he had remained unresponsive. This is attributed to impotency of the husband. At the moment the husband and wife are both employed in the Persian Gulf countries. But of course they are not living together though at one time they resided together even there, According to the wife, even while they so resided together the marriage was not consummated.

(2.) The plea that the respondent was impotent at the time of the marriage as also at the time of the institution of the proceedings is recognised in Section 19 of the Indian Divorce Act as a valid plea in support of a petition for a decree declaring the marriage null and void. That provision is invoked by the petitioner in this case.

(3.) The husband entered appearance and contested the petition. He admitted that the marriage had taken place, but according to him it had been properly consummated, and he had sexual intercourse with his wife. The ground of impotency, it was said was urged only as an excuse to support the petition. The petition itself was filed because of ill-feeling between the parties which arose due to certain circumstances. It was further contended by the husband that the petition itself was not maintainable as the petitioner was not a resident in India at the time of presentation of the petition.