RAVI LUTHRA Vs. REKHA

JUDGEMENT

(1.) Present is an appeal under Section 28 of the Hindu Marriage Act (hereinafter referred to as 'the HMA') filed by the appellant/husband against the impugned judgment/decree dated 9th September, 2002 by which the petition of the respondent/wife under section 12(1)(a) of the HMA has been decreed and the marriage between the parties has been annulled by a decree of nullity on the ground of impotency of the appellant/husband.

(2.) Briefly the facts relevant for the disposal of the appeal are as under:-

(3.) On 14th March, 1997, appellant/husband went for tour and returned back on 30th March, 1997. Even thereafter there was no consummation of marriage and appellant/husband had assured that everything would be all right and he would get himself treated. She had further alleged that on 5th April, 1997, appellant/husband had picked up a quarrel with the respondent without any reason. On 8th April, 1997, respondent/wife was dropped at her parental home. It was alleged that appellant/husband again went to tour and came back on 15th April, 1997. On 18th April, 1997, they had gone to Vaishno Devi. On 21st April, 1997, they had come down to Jammu where appellant had quarreled with her. On 23rd April, 1997, her parents had taken the respondent with them. It was alleged that during the period respondent had stayed in the matrimonial home, appellant was not able to consummate the marriage owing to impotency. The respondent/wife had prayed for annulment of marriage on the ground of impotency of appellant.