BEUTI BORA Vs. TILESWAR BORA

JUDGEMENT

(1.) This appeal has been filed against the judgment and decree dated 30.9.86 passed by the Additional District Judge, Jorhat in Divorce Title Suit No. 2/85. By the impugned judgment the learned Judge decreed the suit by holding that a decree of nullity be passed in regard to the marriage between the plaintiff and the defendant.

(2.) Both the parties are Hindus and the parties got married in the month of April 1979. Sometime, after the marriage, the husband came to know that his wife, the respondent did not attain puberty and that the respondent was not physically developed and matured as a full grown female person. It is stated that her breast and pubic region including vaginal cervix and genital trace did not form and develop by natural process. It is alleged that this absence of formation made sexual intercourse impossible and impracticable. It is alleged that no sexual intercourse took place between the husband and the wife and the marriage was not consumated. Hence this application for nullity of marriage was filed in the year 1982.

(3.) The wife filed a written statement and the denied all the allegations made and she further stated that this suit was not maintainable and stated that a maintenance proceedings was filed wherein she obtained a decree of maintenance at the rate of Rs. 70/- per month (it has been raised to Rs. 200/- per month by this court in this particular case on 6.4.87). The wife was medically examined by a Gynaecologist of Jorhat and the report is as follows: