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1979 Supreme(Del) 218

LEELA SETH, PRAKASH NARAIN, S.B.WAD
JECRONIMO FRANCISCO SACRAFAMILLA ERIC DSOUZA – Appellant
Versus
FLORENCE MARTHA DSOUZA NEE FERNANDES – Respondent


Advocates Appeared:
M.G.RAMA CHANDRA RAO, Rajiv Sawhney

Prakash Narain, J.

( 1 ) THE petitioner and the respondent are Christians professing the Roman Catholic Faith. They were married on February 20, 1971 in New Delhi. After marriage they resided together for a week in Delhi and then went to Goa to the house of the petitioner s parents. In Goa they stayed for about a month and then returned to Delhi. The petitioner had a house in Old Rajinder Nagar, New Delhi and the parties lived there.

( 2 ) ACCORDING to the petitioner the marriage was never consummated on account of a mental blockade which the respondent had. She allegedly told the petitioner that she cannot permit the petitioner to have sexual intercourse with her as she would suffer pain and was afraid of that. According to the petitioner he tried his best to persuade the respondent to have normal conjugal relations but failed in his attempts. The attitude of the respondent towards leading a normal married life was then allegedly discussed by the parties with the respondent s mother. She is also stated to have tried to persued her daughter to lead normal life and consummate the marriage but in vain. The petitioner states that respondent s mother even took the respondent to consult










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