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IN THE HIGH COURT OF JUDICATURE AT MADRAS
C.V. Karthikeyan, K. Rajasekar, JJ
Malini – Appellant
Versus
V.Aravindan – Respondent
| Table of Content |
|---|
| 1. background of cross original petitions for annulment and restitution. (Para 1 , 2 , 3 , 4) |
| 2. trial court facts and evidence leading to annulment decree. (Para 5 , 6 , 7 , 8 , 9 , 10) |
| 3. parties' appellate arguments on medical evidence. (Para 12 , 13 , 14 , 15 , 16) |
| 4. legal burden under section 12(1)(a); both potent, husband's issues causative. (Para 17 , 19 , 20 , 21 , 22 , 29 , 30 , 31 , 34) |
| 5. wife's medical reports confirm normal potency and fertility. (Para 23 , 24 , 25 , 26 , 27 , 33) |
| 6. no impotence proven; trial decree set aside, appeals allowed. (Para 32 , 35) |
The respondent in O.P.No.46 of 2008 on the file of VII Additional Family Court, Chennai, who was the petitioner in O.P.No.1448 of 2008 again on the file of the same Court, has filed the present two appeals, aggrieved by the common judgment in O.P.Nos.46 and 1448 of 2008, dated 31.12.2019.
2. O.P.No.46 of 2008 had been filed by the husband, respondent herein, seeking a judgment and decree to annul the marriage solemnised between him and his wife, appellant herein, on 25.10.2006, on the ground of non consummation of marriage due to impotency of the wife/appellant.
3. O.P.No.1448 of 2008 had been filed by th
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