BAWI Vs. NATH

JUDGEMENT

(1.) THIS is a wifes appeal against the judgment dated 27th February, 1969 of the learned Distt. Judge, Kathua, dismissing her application for annulment of her marriage on the ground that the husband respondent was impotent at the time of marriage and continued to be so till the filing of the application.

(2.) MR . Sethi appearing on behalf of the appellant has vehemently urged that the words" at the time of marriage" as used in section 12 1 a of the Hindu Marriage Act 1955 Central Act No. 25 of 1955 as applied to the State by the Jammu and Kashmir Hindu Marriage Act 1955 Act No. VIII of 1955 hereinafter referred to as the Act mean the date of the first consummation after marriage and although a man may be generally potent, he may be impotent with respect to his own spouse in which case he has to be treated as impotent. He has further contended that it was proved from the material on the record that the respondent was impotent at the time of the con -summation of the marriage and continued to be so till the date of the institution of the proceeding. He has further submitted that the respondent has been treating the appellant with such cruely as to raise a reasonable apprehension in her mind,that it would be harmful and injurious for her to live with him.

(3.) MR . Sharma appearing on behalf of the respondent has, on the other hand, contended that it was proved from the evidence adduced in the case including the medical evidence that the respondent has been potent throughout and the learned District Judge was perfectly justified in dismissing the appellants aforesaid application.