same is
reproduced below:
“237. And if ye divorce them
Before consummation,
27
But after the fixation
Of a dower for them,
Then the half ... sees well
All that ye do.”
In case of divorce before consummation of marriage, it is
recognized, that only half the dower fixed needed
grounds of impotence, invincible repugnance
to sexual act and inability to consummate marriage though
neither party proved impotent.
HEADNOTE:
The appellant married the respondent according ... parties lived
together for three years but the marriage was not
consummated. The appellant filed an application before the
District Judge at Delhi on March
sterility arise when divorce is sought (a) because, marriage cannot be consummated (i.e., one of the parties is incapable of complete sexual intercourse ... 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
marriage. Toe petitioner further stated that he had found it impossible to consummate the marriage and had accordingly instituted this suit on the 4th April ... time of her marriage and asserted that the marriage had been consummated with the result that she had contracted the disease from her husband
petition relating to cruelty but on the basis of non-consummation of marriage without any entitlement to the petitioner regarding permanent alimony. Subsequently ... petitioner that, this respondent has been the cause for non-consummation of the marriage. It is presumable that the petitioner has been the contributory factor
certain reported rulings of this Court, has held that after the consummation of her marriage, the defendant's right to resist the claim ... payment of the prompt portion of her dower subsists even after consummation of marriage. The leading case of this Court is undoubtedly that of Abdul
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
positive case of the petitioner that her marriage has never been consummated by the respondent on account of his impotency, He clearly confessed ... takes of the definite stand that he has been potent and has consummated the marriage and has had sexual intercourse with the petitions several times
stated that in the above circumstances the marriage was never consummated and that consummation of marriage was impossible. She submitted that it was a case ... organ and the failure of all attempts on his part to consummate the marriage. In the absence of any evidence to the contrary and having
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
