ABDUL AZEEM Vs. FAHIMUNNISA BEGUM

JUDGEMENT

(1.) This appeal arises out of a suit brought by a Muslim wife under the Dissolution of Muslim Marriages Act, 1939, for the dissolution of her marriage, on the ground that her husband who was impotent at the time of the marriage continued to be so. The spouses were married on June 12, 1960 and the suit for dissolution was brought on October 3, 1960. The husband was at the time of the marriage 20 years and the wife 18.

(2.) The District Judge of Gulbarga recorded a finding on July 31, 1962 that the impotence of the husband was clearly established. But, since the husband had made an application on July 25, 1962 for an opportunity to satisfy the court within a period of one year that he had ceased to be impotent, the District Judge made an order adjourning the proceedings by one year to enable the husband to prove that he had ceased to be impotent.

(3.) On the expiry of the period of one year for which period the suit was adjourned, the wife made an application on August 19, 1963 for a decree of dissolution. The District Judge made the decree on July 31, 1965 and the husband appeals.