K N WAZA Vs. RAJNI SAPROO

JUDGEMENT

(1.) THIS appeal is directed against judgment and decree of District Judge, Srinagar, dated 26th March, 1987, declaring the marriage between the parties as a nullity.

(2.) THE respondent filed a petition under Section 12 of the Hindu Marriage Act, 1980 (for short, the Act) for annulling her marriage with the appellant on the ground that he was impotent at the time of their marriage and continued to be so till the presentation of the petition and that the marriage between the parties had not been consumated because of the impotency of the appellant. The parties were married according to the Hindu religious rites on October 30, 1983, at Srinagar. According to the averments in the petition, soon after the solemnization of the marriage, the respondent went to the house of the appellant and on being given privacy found that despite repeated efforts the appellant was not able to consumate the marriage with the respondent. That initially she attributed the failure of the appellant to consumate marriage to some Psychological reasons but when for a period of 14 months, the appellant was unable to perform sexual intercourse with her at all such place where she went at the asking of the appellant, she found that he was impotent. The appellant had volunteered to get himself medically treated but despite the treatment there was no change in his physical ability to consumate the marriage. She accordingly prayed for a decree of nulity of marriage under Section 12 of the Act.

(3.) THE petition was resisted by the appellant who filed the written statement controverting the allegations made by the respondent. According to him, he was potent and had consumated the marriage with the respondent. That he had not himself medically examined and had been declared potent. He attributed lack of bonafides to the respondent in filling the petition and stated that he was prepared to practically demonstrate his potency or power of consumption of marriage at any place and time as desired by the respondent or ordered by the Court. From the pleadings of the parties, the following issues were framed by the Court: