RAJENDRA RATILAL DALAL Vs. DHARMISTHABEN

JUDGEMENT

(1.) The present appeal is directed against judgment and decree dated 26-8-2009 passed by the Family Court No.3, Ahmedabad, in Family Suit No.211 of 2003, whereby, the marriage between the appellant-husband and respondent-wife (hereinafter referred to as the appellant and the respondent as they appear in this appeal respectively) has been dissolved with effect from the date of judgment, under the provisions of Section 13(1) of the Hindu Marriage Act,1955 ( The Hindu Marriage Act for short) and a permanent injunction has also been granted against the appellant.

(2.) The impugned judgment and decree came to be passed in a Suit filed by the respondent wife before the Family Court, being Family Suit No.211 of 2003, wherein she has prayed for a decree under Section 12 of the Hindu Marriage Act declaring that her marriage with the appellant as null and void on the ground that it has not been consummated, owing to the impotency of the appellant. Alternatively, a decree for dissolution of marriage under Section 13(1) of the Hindu Marriage Act was also prayed for.

(3.) In order to appreciate the issues involved, it would be necessary to briefly state the relevant facts, which are as under: