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1995 Supreme(Ker) 239

P.V.NARAYANAN NAMBIAR
Joy – Appellant
Versus
Shilly – Respondent


Judgment :-

Husband is the petitioner. He seeks a declaration that the marriage between him and the respondent is null and void on the ground that the respondent was impotent at the time of marriage and at the time of institution of the proceedings; that the respondent was a lunatic at the time of marriage and consent of the petitioner for the marriage was obtained by fraud.

2, Parties to the marriage are Christians governed by the Indian Divorce Act, 1869 (for short 'the Act'). The marriage was celebrated on 26-12-1988 at St. Sebastian's Catholic Church, Kottappady. It is alleged in the Original Petition that a representation was made by the respondent and her parents that she (the respondent) was having physical and mental health and she has passed the Pre-degree examination. It is believing this representation that the petitioner consented to the marriage with the respondent. At the time of marriage and immediately thereafter, respondent has shown serious symptoms of psychotic disorders. After the marriage, both of them lived together for a few days in the respondent's house. She was exhibiting signs of mental disorder. She failed to perform her marital obligations. The mental di



























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