SHAM SUNDER Vs. LOVLEEN

JUDGEMENT

(1.) The appellant-husband challenges the decree of divorce granted in favour of the respondent herein on the grounds of cruelty.

(2.) The respondent-wife has contended in the petition that the marriage of the appellant with the respondent was solemnized as per Hindu rites on 12.3.1999. No child was born out of the wedlock. The appellant had no love and affection towards the respondent. He has physical incapacity to consummate the marriage by natural intercourse.

(3.) In the written statement, the appellant had contended that he cohabited with the respondent and lived with her as husband and wife. He denied that he had no love and affection for the respondent and that he was incapable of performing sexual intercourse with the respondent. He also denied that he taunted the respondent that she could not give birth to any child. He had filed a petition under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. The wild allegation that the appellant treated her cruelly was denied.