declaring marriage null and void on the ground of impotency under Section 12 of the Act.
12. At this stage, Sri Harshit Pathak, learned counsel ... regarding impotency need not be gone into by this Court and thus, challenge to the impugned judgment to the extent of Section 12
counsel for the petitioner, is that since under Section 12(1)(a) of the Act impotency of the petitioner can be a ground for annulment ... question whether the impotency of the
petitioner had continued until the institution of
the proceeding. Further, a petition under Sec
tion 12
null and void by Section 11 and those declared voidable by Section 12 , is very much there. While under Section 11 , either party ... party guilty of it; under Section 12 , on the other hand, only the party aggrieved by the impotence, unsoundness of mind, force or fraud
band to take another wife and keep the first wife even though
impotent in the enjoyment of her full marital status. Now
after the enactment ... marriage annulled under Section 12 of the Hindu Marriage Act she was entitled to be maintained by her impotent husband. He observed as follows
husband, and she is impotent.
14. While the appellant filed the application on the ground that the respondent was impotent and material facts relating ... appellant is Section 12(1)(a) and (c) of Hindu Marriage Act which is as follows:
"12.(1) Any marriage solemnized, whether before
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
facility of reference, we reproduce the relevant provisions contained in Sections 5(iii) , 11 , 12 and 18 of the Hindu Marriage ... conditions specified in clauses (i), (iv) and (v) of Section 5 .
12. Voidable marriages.- (1) Any marriage solemnized, whether before or after the commencement
fraud. Section 12 of Act 1955 relates to voidable marriages. For ready reference Section 12 of Act 1955 is reproduced herein below:
"12 Voidable ... impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that
that the element of neglect as envisaged under Section 488 Cr. P.C., old and under Section 125 Cr. P.C. new, has not been ... Section 488. A wife is not entitled to live apart from her husband and claim maintenance on the ground that her husband is impotent
present case, it has been mentioned in the petition under Sections 11 & 12 of the Act, 1955 that the marriage was solemnized ... conditions specified in clauses (i), (iv) and (v) of section 5 .
12 Voidable marriages .?(1) Any marriage solemnised, whether before or after the commencement
