recorded by it that the appellant has failed to establish that no consummation of the marriage was due to the impotency of the respondent. Further ... well as before us, it was not disputed that there was no consummation of the marriage and it was also conceded in the trial Court
that since the date of marriage, the respondent has not tried to consummate the marriage till filing of the application on the pretext that ... also pleaded in para 5 that when the marriage was not consummated by her husband, she advised her husband that if there is any problem
Fulsajja night, the petitioner, it is alleged, desired and demanded to consummate the marriage but the respondent refused to agree and in fact she made ... terrible opposition amounting to invincible repugnance to the act of consummation and the petitioner found her to be mentally depressed which deterred the petitioner from
under:
"11. The petitioners submit that their marriage could not be
consummated and within few days of the marriage the
parties were living separately ... which specifically contemplate divorce on grounds of - denial/lack of
consummation, or lack of conjugal relationship. If the Act specifically
contemplates these as grounds
wife is that she refused to cooperate with the husband for consummating the
marriage by submitting herself to sexual intercourse with him and she with ... plea of the husband relating to his plea of
non-consummation of the marriage. Accordingly he prayed for setting aside the
order of the first
Bangalore. After completing his examination, he came down to Bangalore for ceremonial consummation of the marriage. In that connection, he was at Bangalore ... Miller Road, Bangalore. It is also admitted that in connection with the consummation ceremony of the marriage between her and the respondent, the latter
husband alleged that the wife did not allow him to consummate
the marriage right from day one till the date of filing the petition ... whenever
he desired to consummate the marriage, be that at Faridabad, Agra or Mussorie,
the latter flatly refused to have an access to her person
very first night
of the marriage, the marriage could not be consummated, the explanation of
the petitioner and the respondent being against each other. According ... husband's feeling of exhaustion and sickness that the consummation did not
occur that night. Even thereafter the consummation did not take place, which
week of March, 1969 and during that period there was absolutely no consummation of the marriage as the respondent did not come near the wife ... wife till March, 1969, but denied that there was no consummation of marriage and he asserted that the same had been consummated. In paragraph
parties resided at Pehowa, District
Kurukshetra but the marriage was not consummated and, thus, no child was
FAO No. 151-M of 1996 2
born ... Dhariwal. It is case of the appellant that the
marriage was never consummated.
The respondent left the matrimonial home and went to her
parents house
