respondent was impotent at the
Marriage. Clause (a) of Sub-section (1) time of the marriage and continued
of Section 12 makes it clear that ... Decree of Nullity under Section-12(1)(a) applicable as impotency under
of The Hindu Marriage Act, 1955 . The Section 12 was in question
primary marital duty, he should be regarded as impotent under Section 12(1)(a) of the Act right from the time of his marriage till ... under:--
"6. Amendment of Section 12 . -- In Section 12 of the Hindu Marriage Act,--
(a) in Sub-section (1),--
(i) for Clause
because of her husband's impotance and the present petition for annulment of marriage under Section 12 of the Hindu Marriage Act was brought ... wife and the husband should be regarded as impotent under Section 12 of the Hindu Marriage Act right from the time of his marriage
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
came to the conclusion that the respondent was not impotent within the meaning of Section 12(1)(a) of the Hindu Marriage ... Section 12(1) of the Hindu Marriage Act, it was observed by Vaidialingam, J., that a party may be considered impotent
Bakhshish Kaur
JUDGMENT
Bakhshish Kaur, J.
1. This is an application under Section 24 of the Hindu marriage Act (hereinafter referred ... marriage was not consummated as the respondent being impotent. Therefore, the petitioner filed petition under Section 12(1)(a) of the Act for annulment
learned Additional District Judge,
Chandigarh, on a petition filed under Section 25 of the Hindu Marriage
Act, 1955 (hereinafter referred ... petition for dissolution of marriage
under Section 12(1)(a) of the Act, on the ground of impotency of the
respondent-husband.
During the pendency
Court of District Judge, Amritsar whereby a
petition under Section 12 of Hindu Marriage Act, 1955 (hereinafter referred to
as 'the Act') filed ... nullity on ground of impotency of the appellant-husband.
3. The appellant-husband in reply to the petition under Section 12
however, submits that the respondent was impotent to
consummate the marriage and, therefore, in terms of Section 12(1)(a) of the
Act, the marriage ... make the marriage voidable in terms of Section 12 of the
Act.
As regards the plea regarding impotency, it may be noticed that
there
