PROBHAT KUMAR MITRA Vs. SUKRITI MITRA

JUDGEMENT

(1.) The learned District Judge, 24 Parganas has made this reference for confirmation of a decree nisi passed by him declaring the marriage between the aforesaid parties as null and void on the ground that the respondent wife was impotent within the meaning of Sub-section (1) of Section 19 of the Indian Divorce Act at the time of the marriage with the petitioner and also at the time of the institution of the suit.

(2.) On 13th January, 1969 Provat Kumar Mitra, the petitioner abovenamed had presented an application under Section 18 of the Indian Divorce Act in the court of the learned District Judge, 24 Parganas alleging that on 26th day of July, 1963 he went through a form of Christian Marriage of Protestant Creed with the respondent at Jamshedpur. According to the petitioner they had come back to Barrackpur on the day following their marriage. Both the petitioner and the respondent had again visited Jamshedpur, and thereafter returned to Barrack-pore and had lived unto 23rd August, 1963. The petitioner alleged that the respondent was dead to all amorous appeals and had unconquerable aversion and invincible repugnance to consummation rendering her incapable of sexual intercourse. The petitioner further alleged that the marriage was never consummated, as it was impossible to have sexual intercourse with the respondent without doing brutal violence. The petitioner accordingly prayed that the marriage be declared null and void on the ground of impotency of the respondent.

(3.) The summons of the said Matrimonial Suit was served upon the respondent and she had appeared in the said suit and had prayed for time to file her written statement. The learned District Judge by his order No. 2 had allowed time till 7th March, 1969 for the filing of her written statement. But the respondent took no step and no written statement was ultimately filed by her. The learned District Judge by his order No. 3 dated 7th March, 1969 fixed 28th March, 1969 for ex parte hearing.