VINAY KUMAR Vs. JAYA VINAY KUMAR

JUDGEMENT

(1.) THIS appeal under Section 28 of the Hindu Marriage Act, 1955 has been preferred by the appellant being aggrieved by the judgment and decree dated 29. 07. 2005 passed by the II Additional District judge, Hoshangabad in Hindu Marriage Case No. 39-A/2002, whereby the application filed by appellant under Sections 11 and 13 of the hindu Marriage Act (treating it as application under Section 12 of the act) has been dismissed.

(2.) THE admitted facts are that the marriage of the appellant was performed with the respondent on 13. 03. 2001 at village Kesla, Tahsil itarsi, District Hoshangabad and now they are living separately since 2001.

(3.) THE facts of the case are that after the marriage the respondent stayed with the appellant only for two days but the marriage could not be consummated because she was in her periods. Thereafter on 16. 03. 2001 she went to her maternal house and when she returned she made an excuse that she has some problems of her kidneys, therefore, again marriage could not be consummated. On 08. 04. 2001 and 20. 12. 2001 the appellant took respondent to a Gynecologist Dr. R. K. Shrivastava who after conducting certain tests opined that respondent is incapable of conceiving and physically incapable of performing sexual intercourse. Since the marriage has not been consummated owing to the impotency of the respondent, he is entitled to get decree of nullity under Section 12 of the Hindu marriage Act, 1955.