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KERALA HIGH COURT
K. K. P. K. Raghavan, J
L v. J
| Table of Content |
|---|
| 1. marriage validity claims based on age misrepresentation. (Para 1 , 2 , 3) |
| 2. denial of fraud and impotency allegations with respondent's defense. (Para 4 , 5 , 6) |
| 3. confirmation of legal marriage rites and evidentiary standards. (Para 7 , 8 , 10) |
| 4. burden of proof on claims of incapacity and non-consummation. (Para 12 , 19) |
| 5. conclusion on the petition dismissal and costs distribution. (Para 20 , 21) |
1. This is a petition under S.18 and 19. Indian Divorce Act, for a declaration that the marriage between the petitioner and the respondent was null and void.
2. Petitioner was a Brahmin who belongs to Calicut. (He claims still to be a Brahmin, a point which will be considered below.) The respondent is a Latin Catholic Christian and belongs to Thankasseri, Quilon. In 1968-69 she was a Nursing Tutor in the Nurses' Auxiliary Midwives School at Calicut. The petitioner who was then employed in Madras came to know her and fell in love with her. During the time he was in Calicut on leave they used to meet and their friendship grew. Although it is in dispute as to who originated the idea, they had decided by May, 1969 to execute a marriage agreement. The petitioner was then emp
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