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1953 Supreme(Mad) 24

PANCHAPAKESA AYYAR
Coral Indira Gonsalves, falsely called Iswariah, residing at No. 31, Mookathal Street, Vepery, Madras – Appellant
Versus
Joseph Prabhakar Iswariah, residing at No. 7, Dewan Ramiengar Road, Vepery, Madras – Respondent


Advocates:
K. Narasimha Aiyar for Petitioner.
Alvares of Messrs. Pais, Lobo and Alvares for Respondent.

Judgment.-

This is a petition by one Coral Indira Gonsalves, aged 23, for declaring her marriage with Joseph Prabhakar Iswariah a nullity, on the ground of his impotency and continuing and total inability to have sexual intercourse with her. At first the respondent opposed the petition vigorously, alleging that he was not impotent. Both the petitioner and the respondent are Protestant Indian Christians.

The following issues were framed:

1. Is the defendant impotent and unable to have sexual intercourse with the plaintiff, as alleged?

2. To what relief, if any, is the plaintiff entitled?

Before the matter came on for final hearing and disposal, the respondent,. Iswariah, wanted this Court to have him examined by a competent doctor for finding out whether he was really impotent and totally unable to have sexual intercourse. Ultimately, Lt.-Col. Krishnamoorthi, No.- 2, Boag Road, T. Nagar,. was appointed by Court as the doctor for examining him carefully and giving a certificate about his potency or impotency and ability or inability to have sexual intercourse. This doctor, after examining him, gave a certificate as follows:

“I have carefully examined Sri Joseph Prabhakar Iswariah on two s











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