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Edward Charles Dawson Vs. Matty Dawson - Court Judgment

LegalCrystal Citation
SubjectFamily
CourtChennai
Decided On
Judge
Reported inAIR1916Mad675(2); 30Ind.Cas.565
AppellantEdward Charles Dawson
RespondentMatty Dawson
Excerpt:
divorce act (iv of 1869), section 19(1) - impotence--proof. - - in the circumstances, we think it best not to confirm the decree and to dismiss the suit, but with liberty to bring a fresh suit as the whole nature of the proceedings appears to have been misconceived.1. in order to support a suit for nullity of marriage in this country on the ground of impotence on the part of one of the parties, such impotence must of course be proved, or there must be facts from which impotence, that is, physical unfitness for consummation may be inferred both at the date of the marriage and at the date of the institution of the suit. the only evidence here is that the respondent never attained puberty and that the petitioner never had intercourse with her. nor are the allegations in the plaint any more satisfactory. in the circumstances, we think it best not to confirm the decree and to dismiss the suit, but with liberty to bring a fresh suit as the whole nature of the proceedings appears to have been misconceived.
Judgment:

1. In order to support a suit for nullity of marriage in this country on the ground of impotence on the part of one of the parties, such impotence must of course be proved, or there must be facts from which impotence, that is, physical unfitness for consummation may be inferred both at the date of the marriage and at the date of the institution of the suit. The only evidence here is that the respondent never attained puberty and that the petitioner never had intercourse with her. Nor are the allegations in the plaint any more satisfactory. In the circumstances, we think it best not to confirm the decree and to dismiss the suit, but with liberty to bring a fresh suit as the whole nature of the proceedings appears to have been misconceived.


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