JOGINDER SINGH Vs. SONIA

JUDGEMENT

(1.) Challenge in the present appeal is to the judgment and decree of the learned court below whereby petition filed by the respondent- wife under Sec. 12 of the Hindu Marriage Act, 1955 (for short, the Act ) for a decree of nullity of marriage was allowed.

(2.) Briefly the facts of the case are that the marriage of the parties was solemnised as per Hindu rites and ceremonies on 23.11.2005 at Village Phoolan, Tehsil and District Fatehabad. The Muklawa ceremony was performed six months after the marriage. She alleged in her petition that after the marriage when she visited the house of the appellant-husband, she found the appellant impotent. It was further averred that despite repeated opportunities, he was unable to have sexual relationship with her for which reason the marriage could not be consummated.

(3.) The appellant-husband filed reply to the petition denying all the allegations levelled against him. It was averred that as the respondent wife wants to get remarried with some other person for money and her parents also demanded Rs. 50,000.00 from him, but when he refused to fulfill their demands, the petition for declaring the marriage as nullity was filed by concocting a false story. However, his defence was struck off as he failed to pay maintenance pendente lite to the respondent wife awarded to her vide order dated 24.4.2009.