uterus or cervix, that
does not render her 'impotent' under Section 12(1)(a) of the Act.
12. Thus, on overall consideration
order to attract Section 12(1)(a) of the act it has to be positively proved that the husband respondent was impotent at all material ... granted in terms of Section 12(1)(a) of the act. The burden of proving that the respondent was impotent at all material times
Section 12(a) . The Clause (h) of Section 5 of Act VI of 1949 is identical in language with Clause (a) if Section 12 ... Hindu Marriage Act, 1955 , also, impotency is not a ground for divorce but a ground for nullity. Section 12 states:
"Any marriage solemnized, whether
filed a petition under section 12(1)(a) of the Act for annulment of the marriage on the ground of impotency. It was asserted therein ... case has been made out with regard to section 12(l)(a) of the Act.
(54) Impotency is the lack of ability to perform sexual
Maharashtra State Board Of Wakfs vs Shaikh Yusuf Bhai Chawla on 20 October, 2022
Author
counsel for the petitioner, is that since under Section 12(1)(a) of the Act impotency of the petitioner can be a ground for annulment ... question whether the impotency of the
petitioner had continued until the institution of
the proceeding. Further, a petition under Sec
tion 12
govern the scope of section 12(2) in
such a truncated manner which renders it virtually impotent
in so far as transactions of 'exports ... govern
the scope of Section 12 (2) in such a truncated manner which
renders it virtually
986
impotent in so far as transactions
null and void by Section 11 and those declared voidable by Section 12 , is very much there. While under Section 11 , either party ... party guilty of it; under Section 12 , on the other hand, only the party aggrieved by the impotence, unsoundness of mind, force or fraud
contemplates the grounds of voidable marriage. Sub-section (1)(a) of Section 12 of the Act says that any marriage solemnized, whether before or after ... been consummated owing to the impotence of the wife. Sub-section (1)(d) of Section 12 of the Act stipulates that the marriage would
Kumari vs Santosh Nath Khanna on 9 April, 1975
Equivalent citations: AIR1976DELHI246, 12(1976)DLT26, AIR 1976 DELHI 246
JUDGMENT
B.C .Misra ... judicial separation on the ground of alleged impotency and/or cruelty mentioned in sections 12 and 10 of the Hindu Marriage