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1983 Supreme(Ker) 311

T.CHANDRASEKHARA MENON
Augustine Johnson – Appellant
Versus
Elizabeth – Respondent


JUDGMENT

Chandrasekhara Menon, J.

1. This is a petition filed by the husband under S.18 and 19 of the Indian Divorce Act, 1869 (Act IV of 1869), (the Act in short), for a declaration of nullity of marriage under S.18 and 19 of the Divorce Act. The petitioner and the respondent are Indian Christians. They were married on 27th January, 1980 by a ceremony of marriage conducted according to the rites of the Catholic Church, at the St. Joseph's Church, Cochin-6. From 27th January, 1980 up to 27th March, 1980 the petitioner lived with the respondent at Chakalaparambil House, Cochin.

2. According to the petitioner, immediately after the marriage ceremony, someone or other of the relatives of the respondent used to come to the house of the petitioner and wanted to take the respondent to her father's house under the pretext of treating her for some alleged stomach trouble. From this and her physical appearance the petitioner became very suspicious that the respondent was pregnant at the time of marriage from a person other than the petitioner. Therefore she was subjected to medical examination on 26th March, 1980 at Gautham Hospital, Cochin-5 by an eminent physician, Dr. K. R. Jayachandran, a











































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