ground of non-consummation of marriage owing to the impotence of the Appellant under Section 12(1)(a) of the Hindu Marriage ... expected to pass only a decree of nullity under Section 12(1)(a) of the said Act. He could have given a finding
impotent at the relevant time, and there was non-consummation by reason thereof. The petitioner prayed for annulment of the marriage under Sec, 12 ... material fact of circumstance concerning the respondent as new contemplated by Section 12(1)(c) , In the circumstance, the marriage solemnised between the petitioner
between them could not be consummated owing to impotence of the appellant, aground provided in Section 12(1)(a) of the Hindu Marriage ... Impotency can be due to physical or psychological reason. There is no rule of law requiring that in a petition under Section 12
grounds available under Sections 12(1)(a) and 12(1)(c) of the Act which read as follows:
12. Voidable marriages. - (1) Any marriage solemnized ... impotence. Impotency is incapacity for sexual intercourse or when coitus is either impossible or very painful.
24. As the law stands today under Section 12
been consummated owing to the impotency of
the latter.
17. Certified copy of the petition under Section 12 of the
Act filed by appellant Manpreet ... Section
12 of the Act deal with voidable marriage. For ready reference, the
relevant portion of Section 12(1)(a) is reproduce hereunder: -
12.Voidable
preferred a petition under Section 12 (1) (a) of the
Act for annulment of marriage on the ground of impotency of the appellant-
husband ... declaring the marriage null and void. Section 12 (1) (a) of the Act reads
thus:
"12(1) Any marriage solemnized, whether before or after
until the institution of the proceedings."
12. Learned counsel has further referred to Section 12(1)(a) of the Hindu Marriage Act after ... wife has further submitted that even the provisions of Sections 12(1)(a)(c) and 12(2) of the Act are squarely applicable
that in this case really the provision contained in sub-section (a) of
Section 12(1) has been attracted and we should maintain the decree ... breast cannot make a wife impotent within the
meaning of sub-section (a) of Section 12(1) of the Act.
Secondly, as pointed
operate and not to become otiose. Therefore, the provision of Section 12 which empowers any purchaser"other than a Food Inspector to have ... case, Section 10(2) and the proviso for that matter, does not at all operate and Section 12 shall be rendered impotent if prosecution
stated that after the amendment of Clause (a) of Sub-section (1) of Section 12 of the Hindu Marriage Act by the amending ... impotent and in any case impotent vis-a-vis the appellant and therefore she is entitled to get the marriage annulled under Section 12
