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Showing contexts for: Structural defects in Jyotsnaben Ratilal vs Pravinchandra Tulsidas on 18 January, 2003Matching Fragments
16.3 "Page No. 750 Para 28 ; "On a review of all these texts, it seems to be beyond doubt that the marriage of an impotent, whether a male or a female, is absolutely null and void under Hindu Law."
17. The learned counsel has relied upon the judgment of this Court in the case of Suvarnababen v. Rashmikant Chinubhai Shah reported In AIR 1970 Gujarat 43 has held in Para 11 at Pages 46 and 47, as under :
17.1 "Page Nos. 46 & 47 Para 11 : I shall refer to these observations presently but before I do so it will be convenient to refer to two aspects of impotency in so far as they may have a bearing on the availability of corroborative evidence. The essential ingredient of impotency is the incapacity for accomplishing the act of sexual inter course and in the context it means not partial or imperfect, but a normal and complete coltus. This incapacity may arise either from a structural defect in the organs of generation which is incurable and renders complete sexual intercourse impracticable or from some incurable mental or moral disability vis-a-vis the other spouse resulting in inability to consummate marriage.
(6) -- Potence in case of males means power of erection of the male organ 'plus' discharge of healthy semen .containing living spermatozoa and in the case of females means (1) development of external and internal genitals and (2) ovulation and menstruation."
21. The learned counsel has relied upon the Andhra Pradesh High Court in the case of Gudivada Venkateswararao v. Smt. Gudivada Nagamani, reported in AIR 1962 Andh Pra 151 in Paras 6 and 7 on Page 152 has held as under :
"Page 152 --
(6) As pointed out in Rangaswami v. Arvindammal, AIR 1957 Madras 242 the marriage would be avoided or dissolved on the ground of impotence if it is established that at the time of the marriage either of the spouses was incapable of effecting the consummation either due to structural defect in the organs of generation rendering complete sexual intercourse impracticable or due to some other cause.