SHASHI BALA ALIAS SHASHI Vs. VISHAV DEV

JUDGEMENT

(1.) The parties were married on 14th October, 1980. On 16th July, the husband filed a petition for annulment of the marriage and in the alternative for the divorce on the ground that after the marriage he found his wife to be impotent as the wife was not prepared to have sexual intercourse with him and whenever, he tried, it could not be performed for various reasons. Ultimately, the wife was taken to the Saint Mary's Hospital, Tarn Taran, and operated upon on 17th November, 1980, for widening the vagina orifice and inspite of the operation, she continued to be repulsive and did not permit him to have the sexual intercourse with her. It was pleaded that since before the marriage she continued to be impotent, and in any case, was repulsive to him for sexual intercourse.

(2.) The wife contested the petition and denied the allegations. Of course, she admitted that operation was performed on her, and after the operation she became normal and had sexual intercourse for about a month, whereafter, she was turned out of the house on the ground of bringing less dowry.

(3.) On the contest of the parties, the following issues were framed :-