MEENAKSHI Vs. PURAN CHAND

JUDGEMENT

(1.) THIS is an appeal filed by the appellant under Section 28 of the Hindu Marriage Act, 1955, against the judgment passed by the learned Presiding Judge, Fast Track Court, Mandi, dated 26.2.2008, vide which the petition filed by the respondent as against the appellant under Section 12 of the Hindu Marriage Act, for annulment of the marriage, was allowed by the Court.

(2.) BRIEFLY stated, the facts of the case are that a petition under Section 12 of the Hindu Marriage Act for annulment of marriage was filed by the respondent, hereinafter referred to as the petitioner as against the appellant, hereinafter referred to as non-applicant. The allegations made by the applicant were that the non-applicant i.e. his wife Smt. Meenakshi was impotent at the time of her marriage and continued to be so till the institution of the petition. The marriage was solemnized in between the parties on 1.7.2001 according to Hindu rites and it was alleged that it could not be consummated. The petitioner got the respondent treated, but to no avail and since she was suffering from psychological disorder, which is the cause of her incapability to enjoy marital life, hence, the petition filed by the petitioner.

(3.) ON the pleadings of the parties, the learned trial Court framed the issues as under :- 1. Whether the respondent was impotent at the time of marriage and continued to be so, as alleged ? ...OPP 2. Relief.