JAGDISH KUMAR TILAK RAJ Vs. SITA DEVI

JUDGEMENT

(1.) This is a husband's appeal from a decree annulling his marriage with his wife under Section 12 of the Hindu Marriage Act which makes a marriage voidable and subject to annulment if the other party was "impotent at the time of the marriage and continued to be so until the institution of the proceeding".

(2.) Jagdish Kumar appellant and Sita Devi were married at Shakurbasti in Delhi on 11th of December, 1958. The wife stayed with her husband, according her allegation, up-till 23rd of December, 1958 when she was escorted to and left at her parental home by the husband. Sita Devi complained that her marriage had not been consummated because of her husband's impotance and the present petition for annulment of marriage under Section 12 of the Hindu Marriage Act was brought at her instance on 1st of June, 1959.

(3.) The husband in the written statement asserted that the marriage had been consummated and that he was fully potent and virile. It was pleaded that the petition had been filed to cause him harassment and as a shield to her own act in carrying away the ornaments and dowry of the value of Rs. 11,000/- to her parents.