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1996 Supreme(Ker) 110

J.B.KOSHY, K.SREEDHARAN, P.K.BALASUBRAMANYAN
Poulose – Appellant
Versus
Mary – Respondent


Judgment :-

Sreedharan, J.

Husband approached the Family Court, Ernakulam by moving O.P. 653/1994 for a declaration of nudity of marriage under Section 18 of the Indian Divorce Act, hereinafter referred to as "the Act". Material averments made by herein the petition were as follows - Marriage between the petitioner and respondent was solemnised in accordance with the Christian rites on 2.10.1991 at Thuravur St. Augustine's Church. At the time of the marriage, respondent was employed as a Nurse in Muscat. After the marriage, she left for Muscat on 19.10.1991, before which date the marriage could not be consummated. On the date of the petition, she was working as Nurse in Austria. According to the petitioner, during the short spell of time when they lived together, respondent did not allow him to have sexual intercourse on the ground that she wanted to become a nun, but her relatives forced her to marry him and that she does not want to have a married life with the petitioner.

2. Notice on the petition was served on the respondent. She did not care to enter appearance before the Court below. She did not arrange for filing a counter even.

3. Petitioner, as PW-1, gave evidence before Cour





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