foundation on the basis of which application under Section 12 of the Hindu
Marriage Act, is impotency of the wife and accordingly, in order ... Signing time: 2/20/2023
12:51:10 PM
3
8. A perusal of the petition filed under Section 12 of Hindu Marriage
consummation of marriage in a petition filed under Section
12(1)(a) of the Hindu Marriage ... record the ingredients of Sec.12(1)(a) of The Hindu
Marriage Act, 1955 that owing to impotency of the respondent,
her marriage with
amendment effected to section 12(1)(a) of amending
Act 68 of 1976 by virtue of which clause (a) of section 12 ... regarded as impotent
about the specific individual regardless of his potency in
general. The petitioner has made allegations in accordance
with section 12
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
wife in this petition. The wife has
instituted a suit under Section 12 (1)(a) of the Hindu Marriage Act, 1955 in
the court ... instituted for
annulment of marriage under Section 12(1)(a) Hindu Marriage Act on the
ground of impotency of either party is concerned, from
cruelty and was
good ground made out under clause (i-a) of section 13(1) in Hindu Marriage
Act, 1955 , for there to be decree ... impotent. Impotency is not relevant here because the civil
proceeding was brought by appellant-wife after the period prescribed in
section 12 and, therefore
SUBRAMANIAN, J.)
The wife, aggrieved by the grant of divorce under Section 12 (1)
(a) of the Hindu Marriage Act , is on appeal ... marital life and she was impotent and
therefore he is entitled to divorce under Section 12(1)(a) of the Hindu
Marriage
passed the
following:
ORDER
Applicants have filed present Misc. Criminal Case under Section 482 of
Cr.P.C. challenging the order dated 11.04.2023 passed ... Section 12(1) (A) of Hindu Marriage Act, 1955 before the Family
Court, Ratlam seeking declaration of marriage void on the ground of impotency
Court Principal Judge, Family Court, Ballia, to decide the application under Section 12 Hindu Marriage Act, 1955 expeditiously.
ii) Issue an order or direction directing ... Family Court, Ballia under Section 12 of the Hindu Marriage Act on the ground that the respondent- wife is impotent.
Under the circumstances, it would
custom
or usage governing them permits of a marriage.12
6. Section 12 provides for the circumstances in which a marriage shall be
voidable ... respect of any marriage under Section 11 or Section
12 any child begotten or conceived before the
12 11. Void marriages.- Any marriage solemnised after