RAM BHATERI Vs. MAL CHAND

JUDGEMENT

(1.) This appeal has been filed by Shrimati Ram Bhateri against the judgment of the District Judge, Hissar, dated March 31, 1975, dismissing her application for annulment of the Marriage under Section 12 of the Hindu Marriage Act, 1955 .

(2.) Briefly, the case of the petitioner was that she was married to the respondent on June 8, 1973 at Ellenabad. She lived with the respondent for about a week after the marriage but he did not consummate the marriage with her. She was again taken to the house of her husband and lived there for 10 days. Even at that time, the marriage was not consummated by the respondent. It was alleged that he was impotent at the time of the marriage and continued to be so until the institution of the proceedings. She, therefore, prayed that the marriage be dissolved under Section 12 of the Act. The petition was contested by the respondent who controverted the averments in it. He pleaded that the petitioner lived with him for 15 days at his house in the first instance and during that period he had sexual intercourse with her many times. Later, she came to his house three times and he had intercourse with her frequently. He further pleaded that the father of the petitioner wanted to grab ornaments and clothes worth Rs. 20,000/- and, therefore, she filed the present petition. On the pleadings of the parties, the following issues were framed :

(3.) The learned District Judge came to the conclusion that the husband was not impotent as alleged. Consequently, he dismissed the petition under section 12 of the Act. The petitioner has come up in appeal against the judgment of the trial Court to this Court.