LATA VASANT GAWADE Vs. VASANT NARAYAN GAWADE

JUDGEMENT

(1.) This appeal arises out of Matrimonial Petition No. 470 of 1978. For the convenience hereinafter the petitioner-respondent will be referred to as husband and the appellant-respondent will be referred to as the wife. The husband made an application under section 12(1)(a) of the Hindu Marriage Act, 1955 against his wife praying for the relief of annulment of the marriage on the ground of impotency.This petition was allowed by the learned Judge of the City Civil Court at Bombay and the decree for annulment of the marriage of the petitioner has been passed by him by his judgment dated 22nd Aug. 1983. It is this decree which is being challenged by the wife in this appeal.

(2.) The husband the respondent herein married the wife-the appellant in this appeal according to Hindu Rites on 25th May, 1977. The husband is an employee of Municipal Corporation, Greater Bombay. The marriage was arranged by the respective relations i.e. by the father of the husband on his side and on the side of the wife, her father and maternal uncle. The husband alleges in paragraphs 4 and 5 and also paragraph 6 main allegations, which are the main foundation of the petition.It is said that when the husband insisted on to have sexual intercourse,but the wife has resisted the husband's advances and refused to have any sexual intercourse. It may be noted here that the husband resides in a small room with his parents and brother. This room has got aloft and some arrangement is made for sleeping on the same. Next day also. the wife again refused for having sexual intercourse and persistently repulsed the advances of the husband. Such things were going on fora fortnight and thereafter the husband took the wife to her parents,when she stayed there for 10 days. On her return the husband once again tried to consummate the marriage, but he was unsuccessful. The husband then took the wife to a medical practitioner and got examined her.

(3.) It is said that on 26th Jan. 1978, when the husband was on duty of his work, the wife's sister came to his residence and the wife asked his mother-in-law that she was going with her sister to her parents' house. The mother-in-law of the wife asked her to wait till the husband returned from work, but without writing for the husband,she left the residence and went with her sister to her parents' house and not return to matrimonial home till 19th Feb. 1978. On 19th Feb. 1978 the wife came with her sister and again left the matrimonial home and did not return. Again on 18th June 1978 the wife along with her father and maternal uncle come to the residence of the husband with an intention to stay as wife with the husband. However, it is said that the husband told them that there are no hopes of reconciliation.It is in these circumstances that the husband instituted proceedings for annulment of marriage on the ground of non-consummation of marriage in the City Civil Court at Bombay on 3rd July 1978.