YUVRAJ UIGVIJAY SINHJI Vs. YUVRANI PRATAP KUMARI

JUDGEMENT

(1.) This appeal, by special leave, is directed against the judgment dated August 25, 1966 of the Circuit Bench of the High Court of Punjab at New Delhi, Confirming the judgment of the District Judge, Delhi, dismissing the petition filed by the appellant under Section 12 of the Hindu Marriage Act, 1955 (Act XXV of 1955) (hereinafter called the Act.)

(2.) At the conclusion of the hearing of the appeal on April 28, 1969 we had indicated our conclusion that no interference with the judgment of the Hindu Court was called for and that the appeal is dismissed without any order as to costs. The detailed reasons for our decision were to be given later. Accordingly we hereby give our reasons for coming to the said conclusion.

(3.) The appellant had married the respondent according to Hindu rites on April 20, 1955. After the marriage the parties lived together for about three years at various places such as Delhi, Alwar, Bombay and Europe and, according to the appellant, during this period the marriage was no consummated. The appellant filed an application before the District Judge at Delhi, on March 15, 1960 under Section 12 of the Act praying that the marriage between himself and his wife, the respondent, being voidable, may be annulled by a decree of nullity. In brief the case of the appellant was that since his marriage he had made frequent attempts to consummate it but due to an invincible and persistent repugnance on the part of the respondent to the act of consummation, he had failed to achieve it and, as such, the marriage had remained unconsummated. He further averred that his wife the respondent, was impotent at the time of the marriage and continued to be so until the filing of his petition. According to him the impotency of the respondent was responsible for the non-consummation of the marriage.