USHA DEVI Vs. VINOD KUMAR JAIN

JUDGEMENT

(1.) THE appellant defendant has preferred this appeal under Section 28 of the Hindu Marriage Act against the judgment and decree dated 7. 12. 1996 passed in Civil Suit No. 15-A/1994 by Additional District Judge, Panna, wherein the marriage between the parties is annulled by decree of nullity on the ground of impotency of the wife.

(2.) THE admitted facts of the case are that the marriage between the appellant and the respondent was performed on 3. 6. 1987 in accordance with the Hindu rites and customs.

(3.) THE case of the respondent/plaintiff is that the appellant is frigid and impotent and it is not possible for the respondent or anybody else to perform the sexual intercourse with the appellant/defendant. It is further pleaded that his father-in-law took the appellant for the medical treatment to cure her impotency but her condition did not improve at all. The respondent has prayed that his wife is impotent from the time of their marriage and she is not capable of procuring the child and as such the marriage between the parties be annulled by the decree of nullity.