MANGHO SHIV DASANI Vs. MOHANI

JUDGEMENT

(1.) This is husband's appeal against a decree dismissing his petition for divorce and declaring the marriage void. The principal contention and ground made by the husband in the petition was that the wife was impotent qua him. It was also submitted that there was no consummation of the marriage even through the husband and wife lived together for 8 months or so.

(2.) The learned trial Court, after recording the evidence and hearing the parties, came to the conclusion that the husband has not proved the case. The medical examination of the non-petitioner wife revealed that she was potent and not impotent.

(3.) Shri J.C. Jain, the learned Advocate for the appellant husband, has argued that the medical examination was not complete and comprehensive. According to him the question, whether the wife was impotent qua him (husband) was not considered by the medical board. It was also argued that no psychologist was produced by the lady to show that she was not impotent qua husband. It was also argued that mere fact that there was no consummation of the marriage in spite of living together of the husband and wife for 8 months or so, raises presumption that the wife is impotent.