PRABHAKAR JHA Vs. JAYANTI DEVI

JUDGEMENT

(1.) THE present appeal has been preferred by Prahakar Jha, husband of respondent Jayanti Devi @ Minu Devi against the judgment of District Judge, Deoghar by which his prayer for divorce has been refused by dismissing the matrimonial suit No. 5 of 1995 with costs.

(2.) BRIEF facts leading to this appeal are that the appellant got married with respondent No. 1, in May 1990 according to Hindu rites and customs. As further stated both the parties resided in the same locality, and as such they continued to live as husband and wife. According to the appellant, during this period before filing of the matrimonial suit he could not succeed in having satisfactory marital relation with the respondent. It has been stated specifically that due to undeveloped female organs, the appellant could not cohabit with the respondent and ultimately on 30-9-1994 the appellant realized that due to this infirmity the appellant would not be able to perform sexual intercourse with the respondent. This lead to filing of the matrimonial suit for divorce on the ground of suppression of this particular fact that the respondent was not able to perform her marital duties to her husband.

(3.) THE learned Court below has decided issue No. 3, 4 and 5 against the appellant holding therein that the respondent was not suffering from genital defects nor from incurable defects as well as no fraud and deception was practiced upon the appellant before solemnization of the marriage. It is also held that the appellant failed to prove that respondent was impotent and incapable of having sexual relationship.