URMILA DEVI Vs. NARINDER SINGH

JUDGEMENT

(1.) This appeal by the wife is directed against the judgment of the learned District Judge, Shimla whereby he has allowed the petition of the husband and annulled the marriage of the parties under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act).

(2.) The facts necessary for disposal of the case are that the parties who are Hindus were married on 25th November, 2001. According to the husband the marriage between the parties was not consummated due to impotence of the wife. It is also the allegation of the husband that his consent for marriage was obtained by the wife and her family by fraud and material concealment of fact. According to the husband though the wife was about 31 years old when they got married she did not before her marriage disclose to her husband or his family members that she had not attained menarche and has never had menses. Further the wife was not having a uterus and one ovary was missing and these facts were known to her but the husband was kept in the dark and his consent for marriage was obtained by concealing material facts.

(3.) The wife admitted the factum of marriage but denied the allegations that the marriage has not ben consummated. According to her no fraud has been committed on the husband.