DHARAM PRAKASH Vs. NEELA DEVI

JUDGEMENT

(1.) The instant appeal stands directed against the judgment rendered by the learned District Judge (Forest), Shimla, H.P. on 30.04.2016 in H.M.A. Petition No. 22-S/3 of 2013/12, whereby, the petition aforesaid constituted therebefore by the petitioner/appellant herein stood dismissed.

(2.) The brief facts of the case are that the marriage inter se the contesting parties hereat stood solemnized in the year 1997 at Village Sandoa, PO Dharogra, Tehsil Suni, District Shimla, H.P. After the solemnization of the marriage, the parties to the petition lived as husband and wife at village Sandoa for some time, but the respondent used to leave the house of the petitioner very frequently and preferred to reside in the house of her parents. The marriage could not be consummated owing to the impotency of the respondent and no child has born from the marriage between the parties. The respondent is total incapacitated for accomplishing the act of sexual intercourse and the cause of impotency of the respondent is malformation and structural defect of her vagina. The respondent was impotent at the time of the marriage till the institution of the present proceedings. There has been no unnecessary or improper delay in filing the petition. The mother of the petitioner died on 5.8.2011 and the petitioner came to know the fact of the impotency of the respondent recently in the first week of this month when he was doing work of cleaning etc., in his house and found a medical prescription slip of the respondent from the trunk of his mother and thereafter consulted the Doctors and obtained the opinion of the Doctor and thus filed the present petition. Hence, there is no unnecessary and improper delay in filing the present petition.

(3.) The petition for divorce instituted by the petitioner/appellant herein before the learned District Judge concerned stood contested by the respondent herein by hers instituting reply thereto wherein she controverted all the allegations constituted against her in the apposite petition by the appellant herein.