Court of Appeal for Ontario
MacFarland, Rouleau and Lauwers JJ.A.
BETWEEN
Nidhi Gupta
Plaintiff (Appellant)
and
Naveen Garg, Devinder Garg, and Sudesh Garg
Defendants (Respondent)
Counsel:
Jaret N. Moldaver, for the appellant
Christine Vanderschoot, for the respondent Naveen Garg
Heard: Friday, March 7, 2014
On appeal from the order of Justice David Price of the Superior Court of Justice, dated October 15, 2013.
APPEAL BOOK ENDORSEMENT
1There is no conflict in the evidence that this marriage was never consummated. The parties are agreed on that fact. Each blames the other. The application Judge erred in concluding there had to be independent evidence of incurability.
2It is a reasonable inference from the evidence that the respondent is psychologically unable to consummate this marriage to this woman and that is sufficient for an annulment to be granted.
3The order of the application judge is set aside and in its place an order will issue granting an annulment of the marriage between the appellant and the respondent, Naveen Garg which marriage took place on July 3, 2010.