SHASHI BALA Vs. SUDESH KUMAR

JUDGEMENT

(1.) Shashi Bala appellant and Sudesh Kumar respondent were married on April 18, 1978. On May 23, 1978, the appellant filed a petition for annulment of marriage with the respondent under section 12 of the Hindu Marriage Act on the ground that the latter was impotent and the marriage had not been consummated and he was suffering from mental disorder of such a kind and to such an extent that she could not reasonably be expected to live with him. She also alleged that her consent for marriage had been obtained through fraud inasmuch as the respondent and his parents represented that he was a graduate whereas he was only a matriculate.

(2.) The respondent denied that he was impotent or the marriage had not been consummated. He also denied that he was suffering from any mental disorder or he misrepresented about his academic qualification. The following issues were framed :-

(3.) The trial Court vide order dated March 8, 1980, found all the issues against the appellant and consequently dismissed her petition. It is against this order that the present appeal is directed.