J.Karthick vs P.Kamakhya on 15 June, 2021


In the case of J.Karthick vs P.Kamakhya, the Madurai Bench of the Madras High Court presided by Justice K. Murali Shankar, deliberated over a Civil Revision Petition filed under Section 227 of the Constitution of India. The petition sought to overturn a Family Court order regarding the annulment of a marriage based on allegations of impotence.


The dispute originated from a Family Court in Madurai, where P. Kamakhya, the respondent, sought the annulment of her marriage to J. Karthick, the petitioner, on the grounds of non-consummation due to alleged impotence. The marriage took place on August 23, 2018, and the petition for annulment was filed shortly thereafter in February 2019. The Family Court dismissed an initial petition filed under Order 7 Rule 11 CPC by J. Karthick, which sought rejection of the annulment petition for lack of cause of action.

Key Arguments

J. Karthick argued that the marriage was consummated and that they had regular sexual relations, thus challenging the claims of non-consummation and impotence. He contended that the annulment petition was filed within one year of the marriage, which he claimed was not maintainable. On the other hand, P. Kamakhya maintained that the marriage was never consummated due to Karthick’s impotence, a fact allegedly concealed at the time of marriage, justifying her request for an annulment.

Court’s Observations

Justice K. Murali Shankar noted that the core issues, such as the alleged impotence and whether the marriage was consummated, were matters to be determined through trial. The judge emphasized that the non-production of immediate proof by P. Kamakhya regarding the impotence claim was not grounds to dismiss her petition outright, as evidence could be presented during the trial.

Court’s Decision

The High Court upheld the decision of the Family Court, dismissing J. Karthick’s revision petition. The Court found no merit in his challenge to the maintainability of the annulment petition within one year of marriage, clarifying that there was no statutory limitation preventing the filing of such petitions under Section 12 of the Hindu Marriage Act, unlike in divorce cases under Section 13.


The High Court’s decision reaffirmed the right of a spouse to seek annulment of marriage under specific grounds provided in the Hindu Marriage Act and underscored the importance of trial proceedings in resolving disputes involving personal and sensitive matters such as impotence and non-consummation of marriage. The case also highlighted the judiciary’s role in interpreting procedural and substantive laws in matrimonial disputes, ensuring justice is served based on the merits of the case.

References: https://indiankanoon.org/doc/4155427/

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