that incapacity of sexual intercourse is an essential ingredient of impotency under Section 12(1)(a) of the Act. In another case of Jadishlal ... uterus or cervix, that does not render her 'impotent' under Section 12(1)(a) of the Act. She was thus not impotent
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marriage on the ground of impotence under Section 12 (1) (a) of the Act
was dismissed.
8. Feeling aggrieved ... purview of Section 12 (1) (a) of the Act.
I feel it is not a correct interpretation of Section 12
sought under Section 12 , and under
Section 13 , is also distinct and qualitatively different. Whereas, under
Section 12 the petitioner is entitled to seek ... respondent. Secondly, a reading of Section 12(1)(a) and Section 12(2)
shows that the ground of impotence of the respondent, which has resulted
12 of the
Hindu Marriage Act on the ground of impotency under Section
12(1)(a), and
- also the judgment and decree of divorce ... impotency of wife under
Section 12(1)(a) of the Hindu Marriage Act, 1955. Said section reads
as under :-
"12. Voidable marriages
respondent was impotent at the
Marriage. Clause (a) of Sub-section (1) time of the marriage and continued
of Section 12 makes it clear that ... Decree of Nullity under Section-12(1)(a) applicable as impotency under
of The Hindu Marriage Act, 1955 . The Section 12 was in question
impotence, it is clear, that since impotence at the relevant points of time is a ground for a decree of nullity under Section 12 ... charge of impotence and that of attempts to commit sodomy I shall first advert to the charge of impotence.
15. Section 12
Section 12(1)(a) of the Hindu Marriage Act by Section 6 of Act 68 of 1976. Section 12(1)(a) was amended by Section ... voidable under Section 12(1)(a) of the Act under the amended or un-amend-ed section. It will appear from Section
husband was impotent qua her. She simply said that the husband was impotent. She made the allegation in accordance with Section 12 ... consummate marriage he has to be regarded as impotent for the purposes of Section 12(a) of the Act. In impotence cases the emphasis
primary marital duty, he should be regarded as impotent under Section 12(1)(a) of the Act right from the time of his marriage till ... under:--
"6. Amendment of Section 12 . -- In Section 12 of the Hindu Marriage Act,--
(a) in Sub-section (1),--
(i) for Clause
Supreme Court in the context of Section 12(1)(a) of the Hindu Marriage Act defined impotency in identical words as defined in Halsbury ... these authorities, a wife cannot be held to be impotent within the meaning of Section 12(1)(a) of the Act unless and until
