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Showing contexts for: impotency section 12 in Mst. Shewanti Bhaurao Dongre vs Bhaurao Daulatrao Dongre on 17 December, 1970Matching Fragments
It is interesting to see that in Digvijay Singh v. Pratap Kumari, AIR 1970 SC 137 their Lordships of the Supreme Court in the context of Section 12(1)(a) of the Hindu Marriage Act defined impotency in identical words as defined in Halsbury's Laws of England which we have already quoted.
In view of these authorities, a wife cannot be held to be impotent within the meaning of Section 12(1)(a) of the Act unless and until it is established that consummation of the marriage with her was a practical impossibility, that is to say, she was not capable of sexual intercourse.