P SURESH KUMAR Vs. LAKSHMI DEVI

JUDGEMENT

(1.) The appellant is the respondent in OP 141/2002 on the file of the Family Court, Thrissur. He is the husband of the respondent herein. The above original petition was filed by the respondent/petitioner under Sec.12 (1) (c) of the Hindu Marriage Act for a decree declaring their marriage as null and void. The parties are referred to as in the original petition. As per the averments in the said original petition, the marriage between the petitioner and the respondent was solemnised on 21.1.2001 and they lived together as husband and wife till 30.5.2001. The petitioner further alleged that during this period, she realised the fact that the respondent is not interested in physical union with the petitioner due to impotency. The marriage has not been consummated owing to the impotency of the respondent. That apart, the respondent had suppressed material facts and circumstances concerning him including his actual age, at the time of marriage. Even though the petitioner advised the respondent to consult a doctor, he refused to do so. With the aforesaid pleadings, she prayed for a decree declaring the marriage null and void under Sec.12 (1) (a) and (c) of the Hindu Marriage Act.

(2.) The respondent denied the entire allegations against him. More specifically, according to him, the alleged incapacity to consummate marriage owing to the impotency is not true and correct and it is a false story only. He has not committed any fraud or misrepresentation in obtaining consent of the petitioner to the marriage and he is not impotent.

(3.) On the aforesaid rival pleadings, both parties adduced evidence which consists of oral testimony of PW1 and RW1 and documentary evidence Exts A1 to A4 and B1 were marked.