that the respondent was not physically impotent as the impotency is not of permanent nature and is curable. Regarding the consummation of marriage the learned ... Section 12(1)(a) curability is not mentioned at all. It is therefore clear that the question of Curability of impotency is not a relevant
which an impotent person can be detected. Verse 11 says that there are fourteen species of impotent men including both the curable and incurable. Then ... marriage and still is impotent.
Defendant had not chosen to lead any evidence to show that her impotency is curable. This issue therefore, does
stated that there were three methods of examining of a person concerning impotence, and that the first was to massage the male organ to produce ... think that the opinion of P.W. 3 that the impotence was curable was a mere speculation and no evidence was produced that any such
annulled not on the ground of fraud but on the ground of impotency. The learned Judge, who decided the case after remand, held that having ... disease is found to be curable. Even otherwise, the Calcutta case was decided essentially on the ground of impotency, i.e. practical impossibility of consummation
petitioner suffers from impotency, she will join him after its
cure, in case the same is curable. However, later she filed a counter claim ... NIMS for determining whether the petitioner is
suffering from curable or incurable impotency. Both the I.As were disposed of
by the lower Court
respondent. It is immaterial whether such fact or circumstance is curable or remediable. If a party to a marriage is suffering from some abhorrent disease ... regarding her condition in respect of cessation of menstruation, impotency, sterility and about the curability or otherwise of the disease. We do not find
discharge his burden that
respondent was/is impotent and there was no
consummation of marriage due to impotency. Accordingly,
the issues are decided ... during sexual intercourse cannot be
termed impotency. That apart, according to the medical experts
those complaints are curable. Thus, the question what remains
Respondent/ Husband, the defect was only a curable
defect and that there is no reason for alleging impotency. Assailing the
impugned order, the learned counsel ... mistakenly stated and that the same is to be substituted with
Impotent/Impotency.
18. To appreciate the merits of the contention, it is
necessary
were set in motion. If the marriage is not consummated owing to impotency or for any other reason, the marriage is a voidable one under ... side made any efforts and if the alleged impotency is not a curable one, he would have taken steps immediately to get the marriage dissolved
question as to whether it can be said that the respondent was impotent at the relevant time or that the non-disclosure of a known ... regards the meaning of impotency it is observed (at p. 164) :-
"13. Impotence simply means inability to perform the sexual
