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1953 Supreme(Mad) 242

BALAKRISHNA AYYAR, VENKATARAMA AYYAR, P.V.RAJAMANNAR
Kanthy Balavendram – Appellant
Versus
S. Harry – Respondent


Advocates:
G.J. Arputhanathan and V. Natesan for the Petitioner.
G.A. Pais, amicus curiae for the Respondent.

Rajamannar, C.J.-

This is a petition under section 18 of the Indian Divorce Act for a declaration that the marriage between the petitioner and the respondent is null and void. The petition is the wife and the respondent the husband. They were married under the Christian Marriage Act, 1872, at Cuddalort, on 29th May, 1945. The petition was founded on the allegation that the respondent, the husband was impotent at the time of the marriage and at the time of the institution of the suit. Under section 19(1) of the Act, a decree for nullity of marriage can be made on that ground. The petitioner alleged that the respondent’s male organ was so abnormally big as to render sexual intercourse with her impracticable, and it proved to be positively dangerous Co the life of the petitioner ; that on the several occasions when the respondent attempted to have intercourse with her the petitioner evinced great aversion to the act and also suffered great pain an each occasion, with the result that she had to push the respondent away or jump out of bed. She stated that in the above circumstances that marriage was never consummated and that consummation of marriage was impossible. She submitted that it














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