SANU Vs. SANDEEP

JUDGEMENT

(1.) The appellant is the wife and the respondent is the husband. The challenge in this appeal is directed against the order passed by the Family Court, Thrissur dismissing O.P.No.1971 of 2017 filed by the appellant.

(2.) O.P.No.1971 of 2017 was filed by the appellant under Section 12(1)(a) of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') for granting a decree of declaration that her marriage with the respondent is null and void. Her plea was that her marriage with the respondent was solemnised on 10.04.2017, but they lived together only for five days and that the marriage was not consummated because the respondent had no inclination towards her.

(3.) The respondent was set ex parte in the case before the Family Court. The appellant filed affidavit in lieu of oral evidence. The Family Court found that there is no plea raised by the appellant that the marriage was not consummated for the reason that the respondent was impotent and therefore, the ingredients of Section 12(1)(a) of the Act were not satisfied. Accordingly the Family Court dismissed the case.