SAMIR ADHIKARY Vs. KRISHNA ADHIKARY

JUDGEMENT

(1.) THIS first appeal is at the instance of a husband in a proceeding under Section 12 (1) (a) of the Hindu Marriage Act, 1955 and is directed against the judgment and decree dated 18th March, 2006, passed by the Additional District Judge, Fast Track Court, First Court at Burdwan, in Matrimonial Suit No. 2 of 2002 thereby dismissing the said proceeding.

(2.) BEING dissatisfied, the husband has come up with the present appeal.

(3.) THE appellant before us filed a suit being Matrimonial Suit No. 91 of 2001 before the learned District Judge for annulling his marriage with the respondent under Section 12 (1) (a) of the Hindu Marriage Act on the ground that the marriage had not been consummated due to impotency of the respondent. The said case was subsequently transferred to the Court of the Additional District Judge, Fast Track Court, First Court, Burdwan, and was re-numbered as Matrimonial Suit No. 2 of 2002.