ELIGEBETH Vs. STANLEY

JUDGEMENT

(1.) This case comes up before us under Section 20 of the Indian Divorce Act, 1869, hereinafter referred to as the Act for confirmation of the decree of nullity of marriage of the petitioner with the respondent.

(2.) The petitioner and the respondent were married according to the Christian rites at Wesley Church, Secunderabad, on 12-7-1979. Ex. A-1 is the marriage certificate. The marriage between the parties was an arranged marriage. At the time of marriage the petitioner-wife was working as Clerk-cum-Typist in Hindustan Aeronautics Ltd., Balanagar, Hyderabad on a salary of Rs. 800 per month, and the respondent was working in the Electronics Corporation of India Ltd , as a Supervisor.

(3.) Immediately after the marriage the petitioner was taken to the house of her parents-in-law. On the same night, nuptials were arranged. But the marriage between the petitioner and the respondent was not consummated because the respondent was impotent. When the petitioner questioned the respondent as to why he could not have sexual intercourse with her, he told her that he was weak and would take some treatment. On the next day, the petitioner was taken to her parents', house as per the custom. In her house also, nuptials were arranged bat even on that night the respondent could not have sexual intercourse with her. Subsequently, the petitioner was taken to her parents-in-law house and she lived there for 4 1/2 months. Even during that period, the respondent could not have sexual intercourse with her. When the petitioner inquired the respondent's elder sister Mrs. Julee about the respondent's incapacity to have sexual intercourse she told the petitioner that in due course he would be alright. On her advice, the petitioner advised the respondent to have an examination by a Doctor, but the respondent refused to get himself examined by any Doctor. Then the petitioner came to her parents' house and informed her mother (P.W. 3) about the matter. The petitioner also gave an application to the Church authorities for mediation in the matter, but the mtdiation failed. The petitioner, therefore filed this application for a decree of nullity of marriage under Section 19 of the Act.