MANORAMA SHARMA Vs. SURESHKUMAR SHARMA

JUDGEMENT

(1.) THIS is an appeal under section 28 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) against the decree passed by the Fourth additional District Judge, Gwalior in Case No. C.S. 106 -A of 1976, dated 27 -1 -1977.

(2.) THE facts of the case are that Manorama Sharma filed an application under section 12 of the Act with the allegations that she is married to Suresh Kumar on 15 -5 -1973 according to Hindu rite at Topi Bazar, Lashkar On 16 -5 -1973, she went to the house of Suresh Kumar and stayed there for four days but no cohabitation took place. Neither the husband tried to cohabit with the wife. After four days, she came back to the horse of her father and again she went to the house of her husband while she was staying with her husband, he did not cohabit with her. In spite of the wifes trying he did not cohabit with her, the husband was not in a position to cohabit. After trying so may times the wife -appellant came to the conclusion that her husband is impotent and is not in a position to fulfil the marital obligations. When he was asked as to why he married her when be was an impotent, be said to her that his mother wanted dowry and, therefore, he had married her. Knowing this, she left the house of the husband and went to her parents. The father of the appellant as well as her brother asked the respondent to undergo medical examination, but he refuced to do it. On these allegations the appellant filed an application that because the husband is impotent and till the date of filing the application, as the marriage hat not been consummated therefore, it should be declared to be null and void.

(3.) TO which relief is the petitioner entitled ? and after evidence, the trial Court came to the conclusion that the respondent being impotent and not in a position to fulfil the marital obligations, granted the decree that the marriage is null and void. But as to the demand by the wife for the alleged amount of Rs.19,274/ - and also for the amount which was demanded by the husband, the learned trial Judge said that as no Court -fee is paid this matter cannot be investigated Against this Judgment and decree, this appeal is filed by the wife and cross -objections are filed by the husband.