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1988 Supreme(Ker) 259

MALIMATH, SUKUMARAN, BHASKARAN NAMBIAR
ANTONY – Appellant
Versus
FRANSISCA – Respondent


Judgment :-

1. This is the husband's petition for a declaration that his marriage with the respondent is a nullity, under S.19 of the Indian Divorce Act on the ground that the respondent was impotent at the time of the marriage and at the time of the institution of the suit. The parties are Christians and their marriage was solemnised on 31-12-1985. It is the petitioner's case that inspite of his earnest efforts, he was unable to have sexual intercourse with the respondent. It is his further case that whenever he approached the respondent for sexual intercourse, she used to get disturbed and her mental balance appeared to be lost. According to her such things were in the nature of unpardonable sin and she used to say that even to think about it was frightening to her. Inspite of the several attempts made by the petitioner to impress her about the necessity for sexual union in a marriage, she was unable to change her attitude. He has further stated that apart from his own attempts, attempts were made through the members of both the families to persuade the respondent to change her attitude. But all these attempts have failed and it has thus become impossible for the petitioner to ha






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