S JOHN DHANADURAI Vs. J MARRY SUGANTHI

JUDGEMENT

(1.) The husband is the petitioner. He filed I.D.O.P. No. 149 of 1989 on the file of the Court of the District Judge, Tirunelveli under Ss. 18 and 19 of the Indian Divorce Act for a decree declaring the marriage between himself and the respondent as null and void.

(2.) In the petition, the petitioner has stated that the marriage between himself and the respondent took place on 5-6-1989 according to Christian rites. On the night of the marriage, they spent the first night at Spic Motel, a posh hotel at Tuticorin. The petitioner describes what happened subsequently in the petition. In substance, the petitioner states that though they lived for nine days together, there was no sexual intercourse and the marriage was not consummated. The petitioner specifically states that the respondent was impotent at the time of the marriage and at the time of the presentation of the petition on account of depressive psychosis. It is the case of the petitioner that when the respondent lived with the petitioner, she persistently refused to have sexual intercourse with the petitioner. The petitioner further states that all the efforts of the petitioner to win the love of the respondent and consummate the marriage were in vain. It is seen that the parents of the respondent also had taken some steps to rectify the defects in the respondent. Under these circumstances, the petitioner moved the Court, as stated above, for the decree of nullity of marriage.

(3.) Though notice was served on the respondent, she has chosen to remain ex parte.