introduced several amendments to the Act. Clause (a) of sub-section (1) of Section 12 of the Act, has been substituted by a new clause ... institution of the proceeding, or". The new Clause (a) of Section 12(1) of the Act, as substituted
thus Impotent at the time of the marriage and continued to be so till the present proceedings for annulment under Section 12 ... wife cannot be said to be impotent at the time of the presentation of the petition under Section 12 of the Act. Learned counsel submitted
been instituted under the provisions of Section 12(1)(a) of the Act, which reads asunder:- "12. Voidable marriages-(1) Any marriage solemnized, whether ... Section 12(1)(a) , therefore, the requisite is that ordinary and complete sexual intercourse has not taken place between the parties owing to the impotence
ground under Section 12(a) of the Act the learned Family Court has granted a decree. Section 12(a) provides that the marriage could ... Kumar considered a case under Section 12 of Hindu Marriage Act, 1955 and propounded as under:
A party is impotent if his or her mental
conditions specified in Clauses (i), (iv) and (v) of Section 5 ". Section 12(1) dealing with voidable marriages provides that a marriage ... which a decree of nullity has been passed under either Section 11 or Section 12 shall be deemed to be legitimate children of the parties
basis of sub-clause (a) of sub-section (2) of Section 12 the Family Court has held that marriage cannot be annulled in view ... circumstance and in view of sub-clause (a) of sub-section (1) of Section 12 , the marriage between the appellant and respondent herein is voidable
mensturated.
(3) Alleging that his wife was impotent he sought a decree of nullity under Section 12 of
(4) On these pleadings the following ... Whether the marriage has not been consummated owing to the impotency of the respondent ? (2) Relief."
(5) The learned Additional District Judge after going
applicant (respondent before this Court) has filed an
application under Section 12(1)(A) of the Hindu Marriage Act for
declaring the marriage ... whether the non-
applicant/wife is suffering from impotency making a ground under
Section 12 of the Hindu Marriage Act. For this, parties are
required
under Section 12(1)(a) of the Hindu Marriage Act.
2. The appellant, who is the husband, made an application under Section 12 ... under Section 12(1)(a) of the Act. Hence, this appeal.
9. The principal case of the appellant was that the respondent was impotent inasmuch
Clause (c)
of sub-section (1) of Section 12 . Section 12(1) reads as
follows:
12. Voidable marriages.
(1) Any marriage solemnized, whether before ... appellant would not come
within Clause (d) of sub-section (1) of Section 12 .
Unfortunately for the appellant, his case would not also fall
under
