M. ANANTANARAYANAN, C.J. :- This is a reference made by the learned District Judge of Tirunelveli under Section 18 of the Indian Divorce Act (4 of 1869) in a petition by the husband (Jayaraj Anthony) for a declaration of nullity in respect of the marriage between him and his wife (Mary Seeniammal) on the substantive ground that the wife (respondent) declined all access to the husband subsequent to the marriage, refused to consummate the marriage, and hence must be regarded as "impotent" both at the time of the marriage and at the time of the proceeding. The learned District Judge accepted the evidence for the plaintiff and granted a decree in the usual form, subject to our confirmation.

2. Under Section 19 (1) of Act 4 of 1869, one of the grounds on which the petition for a decree of nullity, in respect of a marriage, could be successfully maintained is that the respondent was impotent at the time of the marriage, and at the time of the institution of the suit. This is what the husband alleged, and we have got to see whether there is evidence which the court can accept in proof of this averment, which is the foundation of the petition for nullity.

3. When the matter came up