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"The invalidity of the marriage, if it cannot be consummated, on account of some structural difficulty, is undoubted; but the basis of the interference of the court is not the structural difficulty but the impracticability of consummation."

The learned Judge was prepared to hold that even in the absence of a physical structural defect, there may be other circumstances which render sexual intercourse practically impossible. "The question is a practical one" he said "and I cannot help asking myself what is the husband to do in the event of being obliged to return to cohabitation in order to effect consummation of the marriage? Is he by mere brute force to oblige his wife to submit to connection? Every one must reject such an idea".