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1990 Supreme(Ker) 401

SREEDHARAN
Valsa – Appellant
Versus
Moore – Respondent


Judgment :-

This is a petition u/ss.18 and 19 of the Indian Divorce Act, 1869. Petitioner is the wife. She prays for a declaration that the marriage between her and respondent is null and void.

2. The material averments made by the petitioner which are germane for disposal, are as follows: Petitioner then a spinster of 22 years of age was married by respondent, a widower aged 42, on 12-6-1978 at the C.S.I. Immanuel Church, Ernakulam. From the date of their marriage till 17-12-1980 she lived with respondent as his wife. At the time of celebration of the marriage respondent was by reason of his impotency legally incompetent to enter into the contract of marriage. The marriage was fraudulently brought about without disclosing the fact that respondent was impotent. He is a well to do lawyer practising at Parappanangadi. He had three grown up children; two daughters and a son. He having lost his wife, mother of the children, was eager to marry again. Petitioner's father is an Ex-serviceman getting a meagre pension of Rs.204/- per month. He has eight children: five daughters and three sons. Petitioner is the eldest among the children. Mr. N.V. Antony, a friend of the petitioner's father w
























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