ANITA BAI Vs. MOHANLAL MAHORE

JUDGEMENT

(1.) THIS appeal has been preferred by the wife Anitabai against the judgment and decree dated 7. 10. 93 passed by the Seventh Additional Judge to the Court of District Judge, Gwalior, whereby she dismissed her petition Under Section 12 (1) (a) of the Hindu Marriage Act.

(2.) BRIEFLY narrated the facts are that the petitioner claimed that she was married to the respondent according to the Hindu rites on 15. 2. 89 at Gwalior. After the marriage she went to her husband's house at Delhi and remained there for 3 days. Thereafter she returned to Gwalior and since then she has been living with her parents. After marriage when she went to her husband, she expressed her desire for consummation of marriage but respondent showed his unwilling- ness and the intercourse was not performed. He also said to her that she should not ask for intercourse. On 19. 2. 89 she returned to her parent's house at Gwalior. The intercourse was not possible due to impotency of respondent. The marriage has not been consummated. Respondent is also a disabled person. He also developed insanity at intervals. He was not fit. Hence she was unable to live with him. He also deserted her. She, therefore, prayed that the marriage be declared anulled Under Section 12 (1) (a) and also a decree for divorce be passed. The allegations made by the petitioner were denied by the respondent. He alleged that it was wholly incorrect that he was impotent and the theory of impotency was fictitious and concocted. He was not a disabled person. The marriage was performed after full consideration. He did not desert her. Sexual intercourse had taken place with the petitioner. On the third day the petitioner did not permit intercourse on the pretext she had fever and was unwell. Both the parties adduced evidence in support of their respective contentions and the learned Trial Court after considering the entire material on record dismissed the petition. Hence this appeal.

(3.) THE learned Counsel for the appellant vehemently argued that as there was no consummation due to impotency of the respondent it has to be annulled by a decree of nullity Under Section 12 (1) (a) of the Hindu Marriage Act. Besides it no other argument has been advanced by the learned Counsel.