RAMA NATRAJAN Vs. ALEXANDER XAVIER NATHAN

JUDGEMENT

(1.) The petitioner/wife has filed this petition under Sections 18 and 19 of the Indian Divorce Act, 1869, for declaration that the marriage between the petitioner and the respondent solemnized on 8-10-1986 is null and void.

(2.) The main averments found in the petition are as follows :The petitioner Rama Natarajan alias Rama Alexander Xavier Nathan was married to the respondent Alexander Xavier Nathan on 8-10-1986 as per the Roman Catholic rites after converting herself as a Catholic and embracing the Catholic faith from Hinduism. After the marriage, the petitioner realised that the respondent was not compatible in his behaviour towards her. Due to certain mental and psychological trauma which frustrated her relationship with him more so because of relative impotency towards the petitioner. The petitioner thought that the physical and psychological debilities found in the respondent would be rectified by love and affection and medical aid. But the obstinate attitude of the respondent frustrated the efforts made by the petitioner to get-out of the psychological condition. On many occasions the petitioner had drawn the respondent into the mood of having sex with her, but even though the respondent would be initially willing but at the crucial stage the respondent would avoid having an intercourse with the petitioner and reveal in things that seldom pleased the petitioner physically. This behaviour of respondent continued for 11 years. But notwithstanding such impotency and lack of vaginal penetration, due to the vaginal contact the respondent did have with the petitioner, the petitioner somehow became pregnant and gave birth to a female child on 18-10-1987. The respondent failed to get proper erection and could never perform sexual intercourse to consummate the marriage thereof. The petitioner after having patiently waited for some remedial measure, finding that there is no solution to the psychological trauma, the respondent was suffering from, and since there was no hope for petitioner to get the fundamental pleasure from the respondent, from and out of her marriage with him finally compelled to live away from the respondent for the past two years. The petitioner issued a notice dated 18-10-1996 for the nullity of the marriage on the ground that the respondent is impotent and he is unable to consummate the marriage. The respondent received the notice on 31-10-98 and till date there has not been any response to the same thereby acquiescing the statements made regarding the relative impotency and non-consummation of the marriage with him. There is no collusion or connivance between the petitioner and the respondent in filing this petition. Hence the petition.

(3.) The respondent was served through Court on 24-6-1998 and in spite of service the respondent has failed to appear before this Court. After giving some opportunities, finally he was set ex parte on 10-9-1998.