RAVINANDA GOPAL S/O. DASHARATH NAIDU Vs. SMT. R. REVATHI @ GAYATHRI W/O. RAVINANDA GOPAL, D/O. RAJA GOPAL NAIDU, ADVOCATE

JUDGEMENT

(1.) APPELLANT is the Petitioner before the Civil Judge (Sr. Dn.), KGF, being aggrieved by the judgment and decree dated 4 -3 -2008 made in M.C. No. 56/2000 passed by the Civil Judge (Sr. Dn.) KGF, filed this appeal.

(2.) THE Petitioner filed a petition under Section 12 of Hindu Marriage Act seeking for annulment of marriage on the ground of impotency of Respondent or in the alternative grant a decree of divorce dissolving the marriage solemnized on 23 -6 -1999.

(3.) THE Petitioner in his petition alleges that the parents of the Respondent suppressed the fact that the Respondent is an impotent and unable to beget a child, it is impossible to lead a marital life with the Respondent. He issued a legal notice to the Respondent calling upon her to join him. After four months, she has given reply to the said notice agreeing to join the Petitioner. The Petitioner has alleged that the Respondent in order to cover up her latches had lodged a Complaint under Section 498A of IPC and Sections 3 and 4 of Dowry Prohibition Act before the jurisdictional police and that the matter is pending consideration. Since the Respondent is an impotent, she is not in a position to maintain the marital life and the Petitioner filed a petition seeking for annulment of marriage.