SHANKARDUTT Vs. VIDYADEVI

JUDGEMENT

(1.) THIS is an appeal under Section 28 of the Hindu Marriage Act, 1955 against the judgment of Additional District Judge, Sri gaganagar dated 8 -12 -78 dismissing the petition of the appellant Shankardutt (husband) for annulment of marriage by a decree of nullity against his wife Smt. Vidyadevi on the ground of her impotency.

(2.) IT is not in dispute that there was a marriage according to the Hindu religious rites and ceremonies between the parties on 4 -2 -76 and then the husband and wife lived together atleast till May, 1977

(3.) IN the lower court, after framing an issue on the point of impotency of the wife, evidence was led by both the parties and on a comprehensive discussion of the entire evidence, the lower court has come to the conclusion that the appellant has failed to prove that non -petitioner Vidyadevi physically Impotent.