SHEEBA DANIEL Vs. ALEXANDER

JUDGEMENT

(1.) Appellant filed O. P. 98 of 1984 seeking divorce under the Indian Divorce Act. The application is to declare the marriage a nullity on the ground that the respondent was impotent at the time of marriage and institution of the petition and that he was an idiot or lunatic at the time of marriage. The learned District Judge dismissed the petition holding that the appellant is not entitled to the reliefs prayed for in the O. P.

(2.) The marriage was on 26-12-1977. The allegation is that from the date of marriage the respondent is found behaving in a strange and unusual manner. It is also alleged in the petition that the respondent is impotent and the marriage was never consummated.

(3.) Respondent filed objection refuting the allegation of lunacy and idiocy. Allegation of impotency is also denied. Respondent contended that the very fact that he has high educational qualifications would disprove the allegation of lunacy or idiocy to the hilt.