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Showing contexts for: impotency section 12 in Gajendrasinh Hemtuji Chavda vs Peenakunver W/O Gajendrasinh Hemtuji on 16 January, 2015Matching Fragments
11. Further, this Court, in the case of Prajapati Ganeshji v. Hastuben Hemraj, reported in 1967 GLR 966, has observed and held that one of the purposes behind marriage may have been to procreate children in old times, but absence of achieving the same with marriage solemnized amongst Hindus, at no time entitled the husband to have his marriage dissolved much less annulled. Not only no such law prevailed before as to enable a husband to get divorce in case she were not able to beget children by reason of such absence of uterus, but no annulment of marriage on that account was ever suggested. No such ground for divorce is also made available to the husband under the present Act. It was further observed that in the instant case it was clearly established that the wife did not lack that capacity to consummate marriage with her husband after she underwent operations. Much though, therefore, she was not capable of procreating she having no uterus or cervix, that does not render her 'impotent' under Section 12(1)(a) of the Act.