EMMANUEL K Vs. N SUNANDA

JUDGEMENT

(1.) This Referred Case, arising out of O.P. No. 151 of 1994 on the file of the District Judge, Ongole, filed under Section 18 of the Indian Divorce Act, 1869, came up for confirmation of the decree of nullity by this Court under Section 17 thereof.

(2.) We refer to the parties as arrayed before the Court below. The petitioner is the husband and the respondent is his wife. They are Christians and their marriage was solemnised on 20-10-1993. It is the case of the petitioner that respondent had left him on 22-11-1993 and did not return thereafter. The petitioner has sought the annulment of his marriage with respondent on the ground that the respondent was impotent and that even though he had tried several times to consummate the marriage, the same could not be done, for the reason of impotency of the respondent.

(3.) In response to the notice on the petition for annulment of the marriage, the respondent had appeared through her Counsel, but thereafter remained ex parte. The petitioner was examined as P.W.I and his evidence was accepted by the Court below and a decree of nullity of marriage was granted holding that the respondent was impotent within the meaning of Section 19(1) of Indian Divorce Act, and the matter has been referred to this Court for confirmation. Before this Court too, the respondent-wife has chosen to remain ex parte.