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1993 Supreme(Mad) 477

VENKATASWAMI, THANIKKACHALAM, SRINIVASAN
George Jacob Kunivila – Appellant
Versus
Sapna Shivdas – Respondent


Judgment :-

Srinivasan, J.

The I.D.O.P.No.26 of 1990 was filed by the respondent for divorce under Sec. 18 read with Sec.l9(l) of the Indian Divorce Act. The petitioner married the respondent on 33. 1986. Both of them were living together till the second week of July, 1989, but the marriage between the petitioner and the respondent was not consummated. The case of the petitioner is that whenever the petitioner approached the respondent with the intention of having marital company, the respondent became hysterical, threw tantrums and refused to have sexual relationship with the petitioner, that when the petitioner advised the respondent to get medical advice, the respondent refused to see any doctor, that she did not also give any reason to refuse marital company with the petitioner, and that therefore the petitioner had to conclude that the respondent is physically impotent and to presume she is incapable of having sexual intercourse with the petitioner. In July, 1989, she deserted the petitioner and went away to Madras. The petitioner after waiting for some time sent a notice on 111. 1989 to the respondent. She sent a reply to the said notice under Ex.A-3, dated 30.11.1989. In the



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