SUSARLA SUBRAHMANYA SASTRY Vs. S PADMAKSHI

JUDGEMENT

(1.) The appellant is the husband. Though his O.P. No. 246 of 2000 filed under Section 13(1)(ia)(iii) of the Hindu Marriage Act, was allowed by a judgment and decree dated 23-9-2002 passed by the Judge, Family Court, Secunderabad, he filed this appeal questioning the correctness of the finding that he is impotent for leading conjugal life.

(2.) It is an unfortunate and peculiar case where the parties are fighting with each other to bring quietus to their marital status as husband and wife. Though there is a consensus between the spouses to bring an end to the marital status, but the ground on which they seek divorce is different. The appellant-husband wants divorce under Section 13(1)(ia)(iii) of the Hindu Marriage Act, 1955 on the ground of mental cruelty; whereas the respondent-wife is seeking a declaration that the marriage between them is null and void in view of the fact that the appellant-husband is impotent.

(3.) In view of the sensitiveness involved in the matter and after hearing both the learned Counsel for the appellant-husband and respondent-wife, we advised both the learned Counsel to settle the dispute between the parties amicabiy and we also directed the parties to be present before this Court. Accordingly, the parties were present before the Court and we conducted in-camera proceedings also. But the conciliation unfortunately failed.