(1.) By way of this appeal under Section 28 of the Hindu Marriage Act, 1955 (in short referred to as "the Act") appellant has challenged the impugned judgment and decree dated 15.03.2004 passed by learned Additional District Judge, Delhi, in HMA Case No.534/2001 whereby the petition of the respondent/wife under Section 12 of the said Act has been allowed and the marriage between the parties has been annulled by decree of nullity on the ground of impotency of the petitioner.
(2.) Briefly stated that factual background is as under:-
(3.) The petition was opposed by the appellant by filing written statement denying all the allegations made by the respondent. According to him the marriage was not consummated due to non cooperation and refusal of the respondent to cohabit with him. Due to non cooperation and violent nature and refusal on the part of the respondent to cohabit with him, no child was born from their wedlock. The appellant has further denied the allegations of impotency levelled against him. It is alleged that there was lot of interference from the maternal grandparents of the respondent due to which disturbances had taken place. The respondent never wanted to be a part of the family of the appellant and wanted to make the life of the appellant miserable. She had no respect for his family members. She used to leave the matrimonial home without informing anyone. The appellant had alleged that he had suffered from Hepatitis A due to which he was not allowed to drink water from outside as such he did not go for honeymoon after the marriage. The appellant had further alleged that respondent used to leave the matrimonial home on one pretext or the other and used to stay for few days in a month with respondent. He has denied the allegation of impotency in the written statement. It is further alleged that respondent left the matrimonial home of her own on 5.2.2001 with mala fide intention. He had prayed for dismissal of her petition.