ANURADHA ALIAS CHANCHAL KUMARI Vs. SANTOSH NATH KHANNA

JUDGEMENT

(1.) This first appeal under section 28 of the Hindu Marriage Act, 25 of 1955 (hereinafter referred to as 'the Act') has been filed by the appellant wife against the order of Mr. S. C. Chaturvedi. Additional District Judge, dated 29th January, 1976, by which he has dismissed the petition of the wife for divorce on the ground of impotency mentioned in section 12(1)(a) of the Act. The ground of cruelty mentioned in section 10(1)(b) has also been alleged in the petition. The court below repelled both of them.

(2.) The material facts of the case are that the appellant wife, who was a widow having lost her first husband, married the respondent husband, who had divorced his previous wife. The marriage took place on 23rd November, 1968. The parties lived together till 31st March, 1969 when they separated. No child was born out of the wedlock. The wife instituted the petition giving rise to this appeal on 12th June, 1969 and claimed dissolution of the marriage on the ground of impotency of the husband as well as a decree for judicial .separation on the ground of cruelty. Both the grounds were denied by the husband. On the pleadings of the parties, the following three issues were framed :

(3.) The court of first instance has disbelieved the evidence produced on behalf of the wife and placing reliance on the medical evidence held that the case of impotency of the husband had not been established. He also found that the cruelty had not been proved and that the burden of proof had not been discharged by the wife. As a result, the petition was dismissed.