decree of divorce is 'impotency' of the wife, in terms of Section 12(1)(a) of the Act, on account of which ... nullity of the marriage on the ground of impotency as enumerated under Section 12(1)(a) of the Act, the petitioner has to establish that
Clause (c)
of sub-section (1) of Section 12 . Section 12(1) reads as
follows:
12. Voidable marriages.
(1) Any marriage solemnized, whether before ... appellant would not come
within Clause (d) of sub-section (1) of Section 12 .
Unfortunately for the appellant, his case would not also fall
under
read into Section 11 any such condition. Reference was made to Section 12 of the Act which deals with voidable marriages. Section 12 provides that ... marriage. For instance , under Section 12 (a) it is stated that it is on the ground that the respondent was impotent. Under clause
consummated owing to impotency or for any other reason, the marriage is a voidable one under Section 12 of the Hindu Marriage ... well-wishers on his side made any efforts and if the alleged impotency is not a curable one, he would have taken steps immediately
impotent on the date of the petition also and Secondly that the petitioner had failed to prove that the respondent was impotent ... amendment effected to Section 12 (1) (a) by Amending Act 68 of 76 by virtue of which cl (a) of S. 12 (1) has been
submissions in the context of Section 12(1)(a) of the Act, which reads as under :
12 (1) Any marriage solemnized, whether before or after ... impotence of the petitioner, where the same has to be declared as a nullity. Though the respondent filed the O.P. under Section 12
specified in
clauses (i), (iv) and (v)of Sections."
" Section 17 reads thus:
Section 17 . Punishment
of bigamy .--Any marriage between two
Hindus ... also liable for bigamy. Section 12
of the Act relates to voidable marriages and it reads
as follows:
" Sec. 12 , Voidable
marriages
that the contents of Ex.Al letter do not amount to attributing impotency to him. Even assuming that it amounts to causing mental cruelty ... learned Judge granted divorce. The question, therefore, is whether Ex.Al dated 12-1-1991 caused mental cruelty warranting grant of a divorce.
7. Before
entitled to a decree for divorce on the ground of cruelty under Section 13(1)(ia) of the Act on the basis of the allegations ... reckless and baseless allegations of impotency and lack of manliness - itself amount to cruelty in the matrimonial law."
12. On facts, the two decisions
conditions specified in Clauses (1) (iv) and (v) of Section 5 .
12. (1) Any marriage solemnized, whether before or after the commencement of this ... following grounds, namely:
(a) that the respondent was impotent at the time of the marriage and continued to be so until the institution
