ANJAN KUMAR ROY Vs. MALA DEVI

JUDGEMENT

(1.) Heard the parties.

(2.) The appellant has come up in this appeal against judgment and decree dtd. 29/6/2019 passed by the learned Principal Judge, Family Court, Bhagalpur in Matrimonial Case No. 12 of 2008, whereby the petition filed by the appellant under Ss. 12 and 13 of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been dismissed.

(3.) The pleaded case of the appellant in his petition filed under Ss. 12 and 13 of the Hindu Marriage Act, 1955 is that marriage of the appellant with the respondent was solemnized on 29/6/2006 according to the Hindu rights and rituals and after marriage the respondent came at her Sasural and stayed there for about a week and thereafter, her brother came and took her to her parents' house. During her stay, the appellant tried to cohibit with her but she frequently denied. After staying for sometimes, the respondent-wife returned to her Sasural. The appellant again tried to establish physical relation with the respondent but due to similar type of excuse by her, the physical relationship could not be established. The appellant, time and again, tried to cohibit with the respondent, but every time, she denied to cohibit with him, as a result of which, the appellant could not establish physical relation with the respondent even a single time. Hence, the appellant claimed that the marriage cold not be consummated owing to the impotency of the respondent. The respondent has been exercising frequent mental as well as physical cruelty against the appellant and other in-laws family members since 30/6/2006.