(1.) The question raised here was whether the reputed wife, who had already obtained a decree in her favour in the Trial Court declaring her marriage as a nullity, on the ground of her husband's physical impotency, could maintain an application in the Appellate Court against the husband appellant for interim maintenance, pending the hearing of the appeal.
(2.) The facts shortly are:-- The marriage between the parties was solemnised according to Hindu rites on January 26, 1961. The wife was then 19 years of age, a student in the 3rd year B. A. Class of Victoria College, Calcutta, now she is a graduate of the University of Calcutta The husband then aged 27 was a D. Phil of the said University a lecturer of Botany in the Bangabasi College, Calcutta at present he is a research assistant in the department of Anatomy. Mac Gill University, Montreal, Canada, drawing annually 7000 Canadian dollars, equivalent to more than Rs. 48,000 after current devaluation.
(3.) The wife petitioner alleged, and it was so found by the Trial Court, that the husband had been physically impotent from before the marriage and that it had continued till the date of the application. The marriage could not be consummated since its inception.
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