12 of the
Hindu Marriage Act on the ground of impotency under Section
12(1)(a), and
- also the judgment and decree of divorce ... impotency of wife under
Section 12(1)(a) of the Hindu Marriage Act, 1955. Said section reads
as under :-
"12. Voidable marriages
ground of non-consummation of marriage owing to the impotence of the Appellant under Section 12(1)(a) of the Hindu Marriage ... expected to pass only a decree of nullity under Section 12(1)(a) of the said Act. He could have given a finding
impotent at the relevant time, and there was non-consummation by reason thereof. The petitioner prayed for annulment of the marriage under Sec, 12 ... material fact of circumstance concerning the respondent as new contemplated by Section 12(1)(c) , In the circumstance, the marriage solemnised between the petitioner
District Court therein one under Section 12 and other
under Section 13 of the Hindu Marriage Act; application under
section 10 CPC is filed ... 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
District Court therein one under Section 12 and other
under Section 13 of the Hindu Marriage Act; application under
section 10 CPC is filed ... 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
construed as admission of "Relative Impotency" to make
out case of annulment of marriage under Section 12(1)(a) of
Hindu Marriage ... relative impotency is somewhat different than the general
notion of the impotency and acceptance of Relative Impotency
would not brand him impotent in general parlance
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
impotence of the respondent; or] ".
The ground on which the appellant is seeking annulment is
by alleging impotency against the respondent. Section 12 ... view of the scope of Section 12(1)(a) in context
with the scope of Order 12 Rule 6 of the CPC . The prayer
ground under Section 12(1)(a) of the Hindu Marriage Act
seeking annulment on the ground of impotency of the respondent, the
petition clearly lacks ... ground for seeking annulment on the basis of his impotency as is
contemplated under Section 12(1)(a) which reads thus
12. Voidable marriages
reason thereof. The petitioner prayed for annulment of the marriage under section 12(1)(a) and (c). In the written statement the respondent denied that ... amendment of the Hindu Marriage Act by Act 68 of 1976, section 12(1)(c) read as follows :---
"that the consent of the petitioner
