S_____ v. S

Marriage and Divorce. Impotency. Inability of a wife to perform the sexual marriage function without such severe pain as to cause a serious nervous condition and illness on her part, so that the husband and wife live apart because advised by a physician that sexual intercourse between them cannot be continued, the difficulty in their intercourse arising from a certain degree of variation from the normal in the sexual organs of both husband and wife, which would make no difficulty in intercourse between the husband and any other woman or between the wife and any other man, constitutes impotency which entitles the husband to a divorce under R.L.c. 152, § 1.

BY THE COURT.

On the facts stated in the report we are of opinion that the libellant is entitled to maintain his libel. G_____ v. G_____, L.R. 2 P. D. 287. H_____ v. P_____, L.R. 3 P. D. 126. Payne v. Payne, 46 Minn. 467. D_____ v. A_____, 1 Rob. Eccl. 279. 2 Bish. Mar., Div. Sep. § 781, note 2.

According to the terms of the report the order of the Superior Court is to be vacated, and a decree nisi entered.

So ordered.