P.E. JEMMY Vs. MALTI SHYLET

JUDGEMENT

(1.) The V Additional Judge to the Court of District Judge, Bhopal has passed a decree declaring the marriage between the petitioner P.E. Jemmy and the respondent, Smt. Malti Shylet, null and void, on an application made by the petitioner/husband, under Sec. 18 read with Sec. 19 (1) of the Indian Divorce Act, 1869 and has referred the case to this Court for confirmation of the said decree under Sec. 20 of the aforesaid Act.

(2.) Notice of hearing of this reference was sent to both, the petitioner/husband and the respondent/wife. The respondent/wife, as per the report of the office, has been served, but none appeared. It is seen from the record that the respondent/wife did not take part in the proceedings before the trial Court and the case was proceeded with ex parte against her. Since the present proceedings are mere continuation of the original application, the matter is proceeded with in the absence of the parties.

(3.) Briefly stated, the facts of the case are that the petitioner and the respondent professed Christian religion and they were married on 3-9-1984 at Karnal (Haryana) before the Marriage Officer, Karnal as is evident from the certificate of marriage Ex. P.1. According to the averments made in the application, the petitioner, in spite of his best efforts, could not consummate the marriage with the respondent since she was impotent at the time of their marriage and even on the date the present application was filed. It is further averred that the respondent is a patient of hysteria and is not in a position to cohabit with the petitioner. It has also been pleaded that the respondent is a divorcee and the certified copy of the earlier judgment granting her divorce is Ex. P.2. The petitioner further pleads that the respondent vide her letter Ex. P.3, has accepted her incapability of bearing a child. The petitioner, therefore, in view of above prayed for a decree declaring their marriage as null and void.