Jyotsnaben Ratilal (supra):
"25. Section 12 , prior to its amendment in 1976,
stated that the respondent was impotent at the
time of the marriage ... petition
for declaration of their marriage void under Sections 12 (1)(a) and
12 (1)(c) of the Hindu Marriage Act. The lower appellate court
consummated due to the
impotency of the appellant, cannot be endorsed. Though the respondent
had sought a declaration under Section 12 ... provisions of Section 13(1) of the Hindu Marriage Act, on the ground
of cruelty and desertion and not under Section 12 thereof, the same
Gwalior. He had filed a petition under Section 12 of the Hindu Marriage
Act for declaring the marriage as null and void on the ground ... Section 12 of
the HM Act. The very foundation of the basis of which petition under Section 12 of the
HM Act is impotency
nullity of his marriage with the
respondent solemnized on 21.01.1991, under
section 12 of Hindu Marriage Act?
4. What order?"
4.1 The findings ... impotence of the respondent. Failure to prove fraud was also
found. It was accordingly held that no decree under Section 12
of the Act could
time of marriage. Further allegation
is that the petitioner is impotent and used to torture the opposite
party no.2.
3. Sri Amit Srivastava, learned ... under Section 12 of the Hindu Marriage Act, 1955 for
dissolution of marriage on the ground of impotency but after
two years of filing
12 words clearly defnes of void marriage and
voidable marriage given. The section of Hindu Marriage Act,
1955 , 5(B) read with section 12 ... expert opinion is necessary to adjudicate main issue as per
section 11 and 12 . It would be just and proper to refer the
respondent / husband
nullity under Section 12 of Hindu Marriage Act. A party to the marriage can
seek annulment of marriage under Section 12 of Hindu Marriage ... consummation of the marriage owing to the impotence of the petitioner
under Section 12(1) (a) of the said Act. As rightly observed
nullity under Section 12 of Hindu Marriage Act. A party to the marriage can
seek annulment of marriage under Section 12 of Hindu Marriage ... consummation of the marriage owing to the impotence of the petitioner
under Section 12(1) (a) of the said Act. As rightly observed
conjugal rights.
But this Section has no applicability insofar as the relief claimed by the
respondent under Section 12 of the Act is concerned. Even ... specific plea of
impotency. Such decree of annulment of marriage can only be passed
in a substantive petition under Section 12 of the Act which
annulling the marriage under Section 12
(1) (a) of the Hindu Marriage Act on the ground of impotence
of the husband. In view ... claim maintenance under
Section 125 of Cr.P.C. This is a case where marriage was
annulled under Section 12 (1) (a) of the Hindu
