ZARINA BHATTI Vs. ANTHONY BUTT

JUDGEMENT

(1.) This is a reference under the Divorce Act, 1869, for the confirmation of a decree granted by the leamed District Judge Gurdaspur, declaring the marriage of the petitioner-wife with the respondent as null and void.

(2.) Zarina Bhatti had presented the petition under S. 19 of the Divorce Act, 1869, for a decree of nullity of marriage. Therein, she averred that she was married to the respondent according to Christian rites on 5th June, 1981, at Dhariwal. Thereafter, the petitioner lived together with the respondent at diverse places and particularly at Dhariwal till April, 1982. It is alleged that the marriage was never consummated by carnal copulation owing to the impotency of the respondent-husband. It is specifically averred that on noticing the frigid and evasive attitude of the respondent, the petitioner herself took the initiative to make amorous advances to the petitioner but owing to sexual impotency he altogether failed to respond thereto. Ultimately, in despair, she mentioned this fact to her relatives and in the mutual discussion that followed, the respondent admitted the fact of his physical disability. It is averred that by reason of his impotency or malformation the respondent was legally incompetent to enter into the marriage contract and was still impotent at the time of the filing of the petition.

(3.) In contesting the petition, the respondent-husband controverted the allegations made on behalf of the petitioner and took up the plea that he was physically and mentally potent and the marriage was duly consummated. It was averred that he was willing to have himself examined by a panel of doctors in proof of his stand. An allegation was raised that the petitioner had refused to live with him at his place of posting or at Dalhousie where his parent lived and had presented the petition on false allegations to procure divorce. On behalf of the petitioner replication was filed reiterating her earlier stand.