SHEELA BAI Vs. DEOKARAN

JUDGEMENT

(1.) Being aggrieved by the judgment and decree dated 1st April, 2004 passed by Additional District Judge, Narsinghgarh (Rajgarh) in Civil Suit No. 13-A/03, whereby the petition filed by the appellant for divorce was dismissed, the present appeal has been filed.

(2.) Short facts of the case are that the appellant filed a divorce petition on 16.5.2003 alleging that the marriage of the appellant was solemnized with the respondent before five years of filing of the petition. It was alleged that the respondent was impotent and was not in a position to co-habite with the appellant. It was alleged that this fact was hidden by the respondent and his members of the family from the appellant and the members of her family. It was alleged that being an Indian lady appellant also did not disclose the fact to her parents immediately after knowing the fact that the respondent is impotent. It was alleged that since the respondent was impotent, therefore, respondent was not in a position to co-habite with the appellant. It was alleged that because of impotency of respondent the marriage could not be consummated. It was alleged that respondent also started to harass the appellant by heating and abusing. It was alleged that the behaviour of the respondent was cruel to the appellant. Respondent was demanding Rs. 35,000.00 along with household articles such as T.V., Furniture, etc. It was alleged that Gokul Prasad father of the respondent also joined the respondent in threatening the appellant for dowry. It was alleged that in the facts and circumstances of the case appellant lodged complaint with the Police station, Narsinghgarh under the provision of Dowry Prohibition Act, which was registered as. Crime No. 141/03. It was alleged that in the facts and circumstances appellant cannot live with the respondent. It was prayed that a decree of divorce he passed against the respondent.

(3.) The petition was contested by the respondent by filing written statement, wherein all the allegations were denied. It was alleged that respondent is not impotent. Respondent, has also got himself examined medically. It was alleged that father of the appellant wants to remarry the appellant some where else after taking a sum of Rs. 50,000.00 and with that object divorce petition has been filed. It was prayed that the divorce petition filed by the appellant be dismissed.