S JAYANTHA SHEREEN Vs. S JAYARAJAN

JUDGEMENT

(1.) THE petition has been filed by the wife on the ground that the husband is impotent and that he treated her with cruelty. But the petition contains two prayers, one for divorce dissolving the marriage and another for declaration that the marriage is null and void. Once, the allegation is that the husband was impotent at the time of the marriage and at the time of the filing of the petition, the decree that has to be passed is one of declaration of nullity. Hence, the prayer for divorce is redundant and it cannot be granted in this case.

(2.) THE husband remained ex parte. THE petitioner has given evidence as P.W. 1 and she has marked Exs. A.1 to A.4. Ex. A.4 is a letter written by the husband to the Court after receiving the summons from Court. In that letter, he has stated that he wants to contest the proceedings and he denies the allegations made in the petition. However, he has not chosen to appear in court and contest the proceedings. Hence, he was set ex parte.