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1981 Supreme(Bom) 171

A.N.MODY
P. V. Gopalkrishnan – Appellant
Versus
Kanaksha Gopalkrishnan (Mrs. ) – Respondent


Judgment

A.N. MODY, J.:---The appellant (original petitioner) the husband, and the respondent (the original respondent) were married on 20th June, 1976. The appellant and the respondent were both Hindus and were about 36 and 27 years of age respectively at the time of marriage. Due to certain unfortunate circumstances, the husband was driven to file a petition for nullity within a short time which he did on or about 30th November, 1976.

2. The petition proceeds to make the following allegations. The marriage had not been consummated owing to the impotency of the respondent. On the very first night the respondent refused to have sexual intercourse saying that for one year she would not have sexual intercourse with the appellant. The respondent appeared to be very much upset at the approach of the appellant to consummate the marriage and was averse to any sexual act. It was decided by the petitioner and his elders to take the respondent on a pilgrimage so that there might be a change in her mentality and outlook by the blessing of God. Even during pilgrimage the matter did not improve. Soon after return from pilgrimage on 29-7-1976 the respondent's father had come to the petitioner's h

































































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