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1943 Supreme(Nagpur) 6

POLLOCK, VIVIAN BOSE, DIGBY
KISHORE SAHU – Appellant
Versus
SNEHPRABHA SAHU (NEE SNEHPRABHA PRADHAN) W/O KISHORE SAHU – Respondent


JUDGMENT

1. Pollock, Vivian Bose and Digby, JJ. (dated 15th July 1942)-This is a proceeding under Section 20, Divorce Act, for confirmation of a decree of nullity of marriage made by the District Judge of Nagpur. The case is a very unusual one. The parties were married at Bombay under the Special Marriage Act (Act 3 of 1872) on 18th September 1940. Exhibit P-1 is the certificate of marriage. Section 17 of the Act applies the Divorce Act to all such marriages and states that a decree of nullity can be given for the causes mentioned in the Divorce Act. The cause set forth here is impotence (Section 19) and a decree is sought under Section 18. The case is unusual in that the husband seeks the decree and that each spouse accuses the other of impotence vis-a-vis himself and herself. Neither admits general impotence. The husband says that the wife is so hysterical that any sexual approach induces a fit of hysteria in her and renders consummation impossible. He places the whole blame on her. He is silent about her accusation of post-marital impotency in himself vis-a-vis her.

2. The wife says that in the beginning the husband was ''so profuse in his marital effusion as to be almost cruel''





































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