Devanbagh v. Devanbagh

Citations

• 6 Paige Ch. 175
• 1836 N.Y. LEXIS 220
• 1836 N.Y. Misc. LEXIS 97

Syllabus

<p>The court will not annul a marriage on the ground of impotence where there is a probability of capacity, and where from the testimony in the case there is good reason to believe that the disability of the defendant may be removed by a slight surgical operation, without any danger whatever to the subject of such operation.</p> <p>A mere doubt as to what would be the result of a surgical operation upon an uncommonly dense and tenacious hymenial membrane, where there does not appear to be any other incapacity or mal-formation, is not sufficient to justify a decree of nullity ; as cases of that kind belong to the class of temporary and curable incapacities.</p> <p>The court has no power to annul a marriage contract, on the ground of physical incapacity, except in a case of incurable impotence. The fact that the defendant is unwilling to cohabit with the complainant, and therefore refuses to submit to a slight surgical operation for the purpose of removing a temporary disability, is not a ground for a decree of nullity.</p>