MONTGOMERY, Ala. (AP) – The bride might have been tipped off on the honeymoon: The newlyweds went to the Smoky Mountains, where they slept in separate tents.

Then there was the husband’s complaint about her weight. Antoinette Walters Janda said she lost 65 pounds to be more appealing to her husband, Jiri Janda. But he still did not make love to her.

Her complaint, spelled out in court testimony, led a state appeals court Friday to annul the Jandas’ sexless marriage. The decision means the husband, a Czech citizen, could lose his permanent resident status under U.S. immigration laws and be deported.

According to the court record, Jiri Janda came to the United States in 2001 on a temporary green card. The couple married on June 5, 2005, after a courtship of a few months.

Antoinette Janda, who is American, filed for an annulment on Feb. 14 – Valentine’s Day – claiming that her husband had married her without ever intending to engage in marital intercourse.

Jiri Janda testified that he was truly unhappy with his wife’s weight, but he also offered other reasons for the unusual relationship, saying she was messy and her personality had changed after a hysterectomy.

He said he sought a divorce rather than an annulment because that might allow him to remain in the United States. The 5-0 decision of the Alabama Court of Civil Appeals upholds a lower court ruling siding with her.

“An unstated intent, held at the time of the marriage ceremony, to utterly refuse to engage in a sexual relationship with the other party is a fraud that alters the very essence of the marriage,” the court said.

Jiri Janda’s attorney, James Lambert, said he was disappointed by the ruling, but he and his client had not discussed whether to appeal.

“Our argument is this is not a fraud. It’s just two people in a nontraditional marriage,” Lambert said.

Antoinette Janda, who represented herself, did not have a listed phone number and could not be reached for comment.

AP-ES-10-26-07 1741EDT

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