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10. We have heard the learned counsel for the respective parties at length and in detail, in order to decide the appeal finally, at this stage with their consent. We have also perused various documents on record,including the deposition of parties and other relevant material made available to us.

11. The first aspect that arises for our consideration is regarding the finding recorded by the Family Court on the issue of impotency of the appellant, and his inability to consummate the marriage. After examining the entire material on record, we find that there is no conclusive medical evidence of any expert, produced by either of the parties which would prove that the appellant is impotent and unable to perform his marital obligations. In his cross-examination, the appellant has himself referred to the Certificate of the Genetics Center Laboratory at Exh.22 wherein, on analysis of the semen the report states that the 'motility' is 'poor'. The appellant has produced some reports of another Laboratory vide Exh.43 wherein it is stated that the 'motility' is 'fair'. On the basis of these reports, the appellant has sought to prove that he is not impotent. It is, however, an admitted fact that the reports at Exh.43 are not in original and have not been proved by the appellant by examining any Doctor or Specialist in the concerned field of Medical Science. In the absence of any conclusive proof or opinion of a medical expert, it is not possible for us to conclude that poor or fair motility of the semen analysis of the appellant would mean that the appellant is impotent, or unable to consummate the marriage. It is true that the respondent has categorically stated that the marriage has not been consummated in spite of the fact that the appellant and respondent went for their honeymoon for a week, which had to be cut short as they returned after two or three days due to some difference of opinion, but apart from the divergent stands taken by the parties on this issue, there is no material on record to enable us to come to any definite conclusion regarding the impotency of the appellant. The appellant has maintained that the marriage has been consummated and relations as husband and wife took place between the parties on several occasions. The respondent categorically denies this and has asserted that there is no consummation of the marriage at all. It is the ipse dixit of the appellant against that of the respondent. However, such personal and intimate matters are known only to the partners to a marriage, and in the absence of any specific proof of impotency by a medical expert,in our view, the finding of the Family Court that the respondent has been successful in establishing that the marriage has not been consummated due to the impotency of the appellant, cannot be endorsed. Though the respondent had sought a declaration under Section 12(1)(a) of the Hindu Marriage Act that the marriage be declared void and be annulled on the ground that it has not been consummated owing to the impotency of the appellant, the Family Court, though having found issue No.1 regarding impotency of the appellant against him, has not passed the impugned judgment and decree on the ground that the marriage is void as it has not been consummated, but has declared the marriage to be dissolved under the provisions of Section 13(1) of the Hindu Marriage Act, on the grounds of cruelty and desertion.