A K AHLUWALIA Vs. N KANTA

JUDGEMENT

(1.) This first appeal u/s 28 of Hindu Marriage Act, 1955 as amended in 1976 (here-in-after referred to as the Act) has been filed by husband against the decree of Shri K.B. Andley, Additional District Judge, Delhi dated 14th March, 1977 by which he has annulled the marriage on the ground of impotency mentioned in S. 12 (l) (a).

(2.) Appellant, and the respondent were married on 27th February, 1975 and they spent about 22 nights toghether spread over a period upto May, 1975 including two nights soon after the marriage at Akbar Hotel, The case of the respondent/wife is that the husband was impotent at the time of his marriage and has continued to be so and he has never consummated the marriage with her The petition was filed by the wife for annulment of the marriage and in the alternative for judicial separation under Sections 12 and 10 of the Act respectively. With the amendment of the Act in the year 1976 the wife amended her petition and claimed annulment of marriage and in the alternative a decree of divorce u/s 13 (2) (la).

(3.) The petition had been contested by the appellant that he was not impotent, but it was the respondent who did not allow him to perform the sexual intercourse and he has given explanation for each of nights On the pleadings following issues have been framed :