MOHANMURARI Vs. KUSUMKUMARI

JUDGEMENT

(1.) THE judgment in this appeal shall also dispose of first appeal No. 66 of 1963.

(2.) FACTS relevant for our purpose are as follows. Mohanmurari and Smt. Kusumkumari were married at Gwalior on 20th June 1957. Their gauna was performed on or about 19th November 1957. The wife Smt. Kusum Kumari came to her parents' house some time in January 1958 and has not gone to her husband's house since. In November 1962, the husband Mohanmurari filed a suit against the wife Smt. Kusumkumari for restitution of conjugal rights, on the allegation that she had been staying at her father's place without any reasonable cause. The wife Smt. Kusumkumari denied the claim of her husband but claimed an annulment of her marriage with Mohanmurari on the allegation that he was impotent at the time of her marriage with him and had continued to be so till the institution of the suit.

(3.) THE trial Court dismissed the husband's suit for restitution of conjugal rights but decreed the suit of the wife annulling the marriage between Mohanmurari and smt. Kusumkumari on the ground of the former's impotency.