MOHD IBRAHIM Vs. MTALTAFAN

JUDGEMENT

(1.) Letters Patent Appeals No. 149 and No. 150 are connected and arose out of two suits, one brought by Mahomedan Ibrahim, the husband, for restitution of conjugal rights and the other brought by his wife, Mt. Altafan, for the annulment of their marriage on the ground that the husband was impotent.

(2.) The parties were married in 1914 when the girl was about 13 years old and the husband some 3 or 4 years older. It is not disputed that for some six years after the marriage the husband and wife lived together and had access to each other. Owing to some subsequent differences the wife came away from the house and has since been living separately with her own parents.

(3.) The Court of first instance dismissed the suit for the restitution of conjugal rights and decreed the claim for the annulment of the marriage in toto.