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1970 Supreme(Cal) 142

CHITTATOSH MUKHERJEE, AMARESH ROY, S.N.BAGCHI
PROBHAT KUMAR MITRA – Appellant
Versus
SUKRITI MITRA – Respondent


Advocates Appeared:
AMICUS CURIAE, MIHIR ROY, MRINMOY BAGCHI

CHITTATOSH MOOKHERJEE, J.

( 1 ) THE learned District Judges, 24 Paraganas has made this reference for confirmation of a decree nisi passed by him declaring the marriage between the aforesaid parties as null and void on the ground that the responded wife was impotent within the meaning of subsection (1) of Section 19 of the Indian Divorce Act at the time of the time of the marriage with the petitioner and also at the time of the institution of the suit.

( 2 ) ON 13th January, 1969 Provat Kumar Mitra, the petitioner above named had presented an application under Section 18 of the Indian Divorce Act in the court of the learned District Judges, 24 Paraganas alleging that on 26th day of July, 1963 he went through a form of Christian Marriage of Protestant Creed with the respondent at Jamshedpur. According to the petitioner they had come back to Barrackpur on the day following their marriage. Both the petitioner and the respondent had again visited Jamshedpur, and thereafter returned to Barrackpore and had lived upto 23rd August 1963. The petitioner alleged that the respondent was dead to all amorous appeals and had unconquerable aversion and invincible repugnance to consummation rende













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