High Court Chandigarh
FAO No.2219 of 2011 (O&M)
-2-
consummate the marriage with her owing to his impotence. He failed to
have ... object of
the marriage could not be fulfilled due to the non consummation of marriage
due to the impotency of the respondent. It has further
years of age. Respondent/wife had alleged that her marriage was not
consummated due to impotency of the appellant/husband. It was alleged
that ... because of feeble erection in the male organ he could not
consummate the marriage. Thereupon, appellant/husband started saying
that he was feeling tired
annulment of marriage on the ground of non-consummation of
marriage was dismissed.
Mat. Appeal No.4/2013 Page 1 of 22
2. Briefly stated ... further alleged that the marriage between the parties has not
been consummated on account of impotence of the respondent qua the
petitioner. The ground
matrimonial home with appellant. She had alleged that there was no
successful consummation of marriage and no child was born from their
wedlock ... also started shouting on her as there was
no successful consummation of marriage. She had also alleged that on
14.07.2000 she waited till midnight
Hindu rites and ceremonies. According
to respondent-Santro, the marriage was not consummated between the
parties and she never lived with the appellant ... respondent's sister Savitri with the appellant's brother was consummated
but the parents of the appellant and brother of the appellant
failed to fulfil the marital obligations and their
marriage was not consummated. The respondent has not co-
operated for consummation of marriage ... that the respondent
threatened to commit suicide if the petitioner insists for
consummation of the marriage. Further it was alleged that
the respondent
that due to tender age of the respondent, he was unable to
consummate the marriage and perform sexual intercourse as he was
impotent. Therefore ... respondent, it was inter alia stated that the
respondent was capable of consummating the marriage. Infact it was the
appellant who was barren and under
failed to fulfil the marital obligations and their
marriage was not consummated. The respondent has not co-
operated for consummation of marriage ... that the respondent
threatened to commit suicide if the petitioner insists for
consummation of the marriage. Further it was alleged that
the respondent
with
Section 43A of the Act as the parties appeared to have
consummated/implemented certain parts of the composite combination i.e.
consummation/implementation ... alleged in the notice that the parties have consummated/implemented
the LHR Transaction and the CCA; and Etihad, being the acquirer in the
combination, failed
Thereafter, it is stated that marriage between the parties has not
been consummated due to the impotence of the respondent qua the petitioner ... when petitioner tried to have access to the respondent in order to
consummate the marriage, the respondent is alleged to have 'refused to
consummate
