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1969 Supreme(Mad) 397

M.NATESAN, B.S.SOMASUNDARAM, K.VEERASWAMI
Muthuraj Koilpillai – Appellant
Versus
Esther Victoria Kannammal – Respondent


Advocates:
K. Ramaswami, K. R. Subramania Ayyar, and Mrs. A. Sarojini Bai, for Petitioner.
L. Balamukunda Das, for Respondent.

Veeraswami, C.J.-This matter comes before us on a reference under section 20 of the Indian Divorce Act. The District Judge of Tirunelveli has declared the marriage between the plaintiff and the defendant as null and void and granted a decree of divorce subject to confirmation by this Court.

The plaintiff and the defendant were married on 5th June, 1968, in St. Michael’s Church, Polnaickenpatti, Tuticorin, according to Christian rites. There can be no dispute about this. According to the plaintiff, on the very night of the marriage it was found that the defendant could not have sexual intercourse with him as she was pushing him aside and finally jumped out of bed. He would say that this was due to insanity and at the time of the marriage he did not know about it. The next day the defendant was removed by her mother to her place for treatment and bringing her back. But the defendant never came back. It appears the defendant was working as a mid-wife for some time in the primary Health Centre Thiruvengampet. But we find that she was discharged from service with effect from 28th June, 1958, as she was suffering from manic depressive psychosis. The proceedings of discharge from service w




















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