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1994 Supreme(Ker) 307

M.M.PAREED PILLAY, V.V.KAMAT
George Philip – Appellant
Versus
Saly Elias – Respondent


Judgment :-

Kamat, J.

By this appeal the judgment dated June 9, 1993 of the learned District Judge, Kottayam dismissing the petition of the appellant husband under S.19(1) and (3) of the Indian Divorce Act for declaration of nullity of marriage on two grounds, namely, that the respondent wife was impotent at the time of the marriage and that the respondent was a lunatic at the time of her marriage, is brought under challenge.

2. We nave been taken through the evidence on record and the material pleadings.

3. The parties are Indian Christians and undisputedly are governed by the provisions of Indian Divorce Act. They were married on May 26,1986 at Thekkady. Both are capable and educated. The husband is a Branch Manager, Civil Supplies Corporation, Kanjikuzhy branch whereas the wife is also a graduate and works as an Assistant in the New India Assurance Company Ltd., Kottayam. It was an arranged marriage and even then gave bitter experience leading to the present appellant's petition as stated above.

4. During the course of the proceedings, when examination of the petitioner husband was in progress, an application by him praying for medical examination of both the petitioner as well as t













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