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1996 Supreme(Ker) 30

K.NARAYANA KURUP
A. – Appellant
Versus
B – Respondent


Judgment :-

This is a petition for nullity of marriage filed by the husband under S.18 of the Indian Divorce Act.

2. The parties belong to the syrian Christian community. Their marriage was solemnised on 12.2.1995 at the St. Thomas Catholic ate Aramana Church, Muvattupuzha. Admittedly, the parties resided together only for 15 days. On 27.2.1995, the respondent returned to her own house at Trichur. The allegations of the petitioner are that the respondent was and is a schizoprehenic, that she is physically under-developed, and impotent, that these facts were suppressed from the petitioner before marriage and that therefore, the petitioner is entitled to a decree of nullity of marriage under S.19 of the Indian Divorce Act on the grounds of insanity and impotency of the respondent and fraud. It is also alleged in the petition that because of the respondent's mental and physical deficiencies, she also refused to have sexual intercourse with the petitioner and thereby failed to consummate the marriage. The averments contained in the petition are repudiated by the respondent. According to the respondent, she is absolutely normal, physically and mentally. Her further case is that she never



































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