AJY KUMAR SAMAL Vs. JYOSTNAMAYEE SAMAL

JUDGEMENT

(1.) By this application under Section 19 of the Family Courts Act, the appellant seeks to challenge the judgment and order dated 5-4-2000 passed by the Judge, Family Court, Cuttack in Civil Proceeding No 182 of 1998 By the impugned order, the prayer of the appellant for a decree of divorce against the respondent has been refused. Against order of S P Acharya, Judge, Family Court, Cuttack, D/- 5-4-2004.

(2.) The case of the appellant is that he married the respondent according to Hindu rites and customs on 7-6-1975 and both led their marital life till October, 1975. It is alleged that on the Chauthi (fourth) night, for the first time the appellant met with the respondent and wanted to cohabit with her, but he failed as there was difficulty in cohabitation. He alleged that the respondent was an impotent. He further detected that the respondent had no female organ and had no capacity for cohabitation. Thereafter, he wanted to get the respondent examined by a physician, but she avoided the same and left his company. The further case of the appellant is that the respondent herself admitted that she was an impotent. With these allegations, the appellant filed a petition under Section 13 of the Hindu Marriage Act read with Section 7 of the Family Courts Act with a prayer to pass a decree of divorce against the respondent wife.

(3.) The respondent-wife filed written statement totally denying the allegations levelled against her.