BARKAT MASIH Vs. SUNITA MASIH

JUDGEMENT

(1.) . - This is a reference under Sec. 20 of the Indian Divorce Act, 1869 (hereinafter called the Act) for confirmation of a decree of nullity of marriage passed by the 3rd Additional Judge to the Court of District Judge, Bhopal, passed in Civil Suit No. 10-A of 1986.

(2.) Petitioner Barkat Masih, (husband) filed a petition under Sec. 18 of the Act for a decree of nullity of marriage against the respondent/(wife) on the allegation that both are Christians and as such, they are governed by the provisions of the Act. Their marriage was solemnised on 25.4.1986. After the marriage, both came to reside at Bhopal. The petitioner alleged that whenever he desired to have sexual intercourse with the respondent, she submitted herself most reluctantly and after great persuasion. Many a times she refused to have sexual intercourse with him. Her invincible repugnance to the act of intercourse showed her impotence towards the petitioner. The respondent finally left the petitioner's house on 27.5.1986, when the petitioner was away to perform his duty in BHEL Piplani. On 30.6.1986, he went to bring the respondent back to his house when she flatly refused to come back to Bhopal. On these allegations, the petitioner submitted that he had no sexual intercourse with the respondent from 27.5.1986. till filing of the petition on account of the respondent withdrawing from the society of the petitioner. The petitioner, therefore, prayed for declaring the marriage between him and the respondent null and void.

(3.) The respondent did not appear despite service of summons, and therefore, the learned trial Court, by its order dated 27.11.1986, proceeded ex parte against her.