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3. In appeal I am of the same opinion as the learned Subordirite Judge on both these issues and here are my reasons.

4. 'Point I.' Impotence as a ground for dissolution of marriage is a medico-legal problem and I shall consider it now under both these heads.

5. Impotence is defined as lack of ability to perform sexual act and sterility is defined as lack of ability to procreate children. Questions of impotence and sterility arise when divorce is sought (a) because, marriage cannot be consummated (i.e., one of the parties is incapable of complete sexual intercourse), (b) if incapacity for consummation can-not be surgically remedied, or, the defective party is unwilling to submit to a surgical operation; or (c) if the incapacity existed before marriage. (Sterility, by itself, offers no ground for divorce). Impotence is attributed to injury to head, neck, or loins.

If a marriage is once consummated; nullity cannot be given on ground of subsequent impotency. Impotency must be present at time "Of marriage and suit: Kishore Sahu v. Mrs. Snehprabha Sahu, AIR 1943Nag 185 (SB) (L).

Proof of impotence, that is physical unfitness for consummation, must be proved or there must be facts from which this can be inferred; Edward Charles Dawson v. Matty Dawson, AIR 1916 Mad 675 (2) ,(FB) (M). Non attainment of puberty by a woman is no ground as the fact does not in any manner preclude the consummation of marriage: 29 Mad LJ 183: (AIR 1916 Mad 675 (2)) (M). Loathsome and incurable syphilis of wife, resulting in her incapacity to consummate marriage entitles husband to a decree for nullity on- ground of her impotency: Birendra Kumar v. Hemalata Biswas, AIR 1921 Cal 464 (N); E. A. Wylie V. Mrs. R. Section Wylie, AIR 1930 Oudh 83 (O), Syphilis to amount to impotency must be incurable, even though the disease is not an absolute'bar to compulation. But where woman is discharged from hospitals as cured, with a negative blood test, syphilis cannot be said to be incurable and the marriage cannot be dissolved. But see AIR 1930 Oudh 83 (O).

To consummate a marriage, ordinary and complete sexual intercourse must take place. Partial intercourse or intercourse which, is so imperfect as scarcely to be natural is insufficient (Note Three). In determining whether intercourse is ordinary and complete the word 'consummate' must be construed as it is understood in common parlance and in the light of social conditions known to exist. (Note Four).

The inability to consummate may be due to a physical defect which is incurable, or to one which is curable but which the respondent refuses to have cured, (Note Five) or to mental or moral disability, (Note Six). In the latter case, it sometimes happens that a' person is capable of having intercourse, but incapable of performing it with the particular individual, i.e., impotent 'quoad hunc' or 'quoad hanc'. This is sufficient to found a decree of nullity, as what matters is ability to have intercourse in general (Note seven).

18. To sum up, a marriage will be avoided or dissolved on the ground of impotence, on the petition of either party if it is proved that at the time of the marriage one of the parties is and continues to be Incapable of effecting or permitting its consummation either of some structural defect in the organs of generation which is incurable and renders complete sexual intercourse impracticable or of some incurable mental or moral disability resulting in the man inability to consummate the marriage with the particular woman or in the woman to an invincible repugnance to the act of consummation with the particular man.