SWARAJ KUMAR GROVER Vs. SMT. SUDERSHAN GROVER

JUDGEMENT

(1.) This is an appeal by a husband whose petition for a decree of nullity, or, alternatively for divorce, has been dismissed by the Additional District Judge. A decree of nullity was sought on the ground that the wife was impotent, and of divorce on the ground of her cruelty and desertion. I will take up these grounds seriatim.

(2.) The first question is whether the wife was impotent. In his petition, the husband alleged, that the wife had a malignant growth in her uterus as a result of which 'attempted cohabitations were painful and the (wife) was not sexually responsive and was cold.' He said that he had the wife medically treated, and she even underwent an operation, but her 'sexual impotency' was not cured and, in fact, she became more cold, repulsive and continued impotent as she was at the time of marriage'. It is to be noticed that he did not say that sexual intercourse was impossible and had not occurred. At the most his allegations amounted to saying that sexual intercourse was painful for the wife, and he did not find it satisfying due to her lack of response. On the face of it, these allegations are insufficient to make out a case of impotency against the wife.

(3.) In her answer, the wife denied all these allegations and said that the parties had normal sexual intercourse throughout their married life, and she even became pregnant in Dec., 1967.