VED PARKASH SACHDEVA Vs. MOHANI SACHDEVA

JUDGEMENT

(1.) This is an appeal by a husband under Section 28 of the Hindu Marriage Act against the order of an Additional District Judge annulling the marriage under section 12 of the Act. The parties were married on 26th March, 1969 at Delhi according to Hindu rites and ceremonies. The wife lived with the husband till 13th May, 1969, and since the husband could not consummate the marriage she left him never to return to the matrimonial home. On 18th December, 1969, the wife filed a petition under section 12 of the Act for annulment of marriage on the ground that the husband was impotent at the time of marriage and continued to be so till the institution of the proceedings.

(2.) The husband resisted the petition and claimed that he had, in fact, consummated the marriage on various occasions when the wife lived with him.

(3.) The trial court believing the evidence produced by the wife came to the conclusion that the husband was impotent at the time of mage and continued to be so, and so granted the petition for annulment.