ARUN KUMAR PATRA Vs. SUDHANSU BALA PATRA

JUDGEMENT

(1.) THIS is a reference under Sec. 17 of the Indian Divorce Act for confirmation of the decree of the District Judge of Cuttack annulling the marriage of the petitioner with the respondent.

(2.) THE parties are Indian Christians and it is admitted that they were lawfully married on 17-4-59 at Jamshedpur. The husband (petitioner) Is a young man aged about 26 years and his wife (respondent) is aged about 23 years. The petitioner alleged that after the marriage the respondent stayed with him at his residence till 9-5-59, but that the marriage could not be consummated on account of her aversion to have sexual intercourse With him. He further alleged that on three different occasions he attempted to have sexual intercourse with her but was unsuccessful as the respondent fainted away and was frequently complaining of burning sensation in her private parts, but she would not submit herself to medical examination. He therefore thought that there was something wrong with her though she would not disclose it. On these allegations he sought for a decree for annulment of the marriage on the ground that his wife was impotent towards him. The respondent, however, denied that anything was wrong with her sexual organ but admitted that the marriage could not be consummated on account of her aversion towards the petitioner. While giving evidence in court she stated that the petitioner was unwilling to treat her as his wife and she was also not well disposed towards him. She further stated that she was as eager as he was, to get the marriage annulled.

(3.) APART from the statements on oath of the parties which were not challenged in cross-examination there was ho other corroborative evidence. The petitioner never applied to the Court for calling upon the respondent to submit herself to medical examination. If he had done so, and if in spite of that she had refused to submit herself to medical examination, the question of drawing an adverse inference about some physical infirmity in her sexual organs might arise.