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26.On the other hand, on the contrary, the Act does make another provision for such like situation where one spouse converts into another religion and provides for the remedy for such like situation in the form of one of the ground for a divorce."

7. On account of this order, the petitioner was permitted to withdraw the petition with liberty to file a fresh petition under the appropriate provisions of law within seven days and the petition for annulment of marriage on the ground of impotence under Section 12 (1) (a) of the Act was dismissed.

(25) I, therefore, come to the conclusion that even when an individual is generally potent but is impotent with respect to his own spouse and is unable to consummate marriage he has to be regarded as impotent for the purposes of Section 12(a) of the Act. In impotence cases the emphasis is on consummation. A party is impotent if his or her mental or physical condition makes consummation of the marriage a practical impossibility (Halsbury-P. 228)."

12. In all such contingencies, I feel that a person can take advantage of Section 12 (1) (a) of the Act for non-consummation of marriage on account of impotence. Therefore, in the light of this legal position, I feel that the trial court has erroneously assumed that non-consummation of marriage in a given case has to be necessarily on account of physical incapacity so as to fall within the purview of Section 12 (1) (a) of the Act. I feel it is not a correct interpretation of Section 12 (1) (a) of the Act that there could be annulment of marriage only because of physical impotence.