petition under Section 12 of the Hindu Marriage Act for annulment of the marriage on the ground that the appellant was impotent at the time ... Section 5 ; (ii) decrees of nullity under Section 12 annulling voidable marraiges on any of the grounds (including impotency) mentioned in Section 12
Section 12(a) . The Clause (h) of Section 5 of Act VI of 1949 is identical in language with Clause (a) if Section 12 ... Hindu Marriage Act, 1955 , also, impotency is not a ground for divorce but a ground for nullity. Section 12 states:
"Any marriage solemnized, whether
basis of sub-clause (a) of sub-section (2) of Section 12 the Family Court has held that marriage cannot be annulled in view ... circumstance and in view of sub-clause (a) of sub-section (1) of Section 12 , the marriage between the appellant and respondent herein is voidable
marriage annulled under Section 12 of the Hindu Marriage Act, she is entitled to be maintained by her impotent husband.
4. There is no doubt ... marriage annulled under Section 12 of the Hindu Marriage Act, she is entitled to be maintained by her impotent husband, I have already said that
under Section 12(1)(a) and (c) of the Hindu Marriage Act, 1955 , as amended by the Act 58 of 1976. Section 12 ... said ground.
12. This section deals with voidable marriages. The four Clauses (a) to (d) of Sub-section (1) enumerate marriages which are voidable
nullity under Section 12 of Hindu Marriage Act. A party to the marriage can
seek annulment of marriage under Section 12 of Hindu Marriage ... consummation of the marriage owing to the impotence of the petitioner
under Section 12(1) (a) of the said Act. As rightly observed
nullity under Section 12 of Hindu Marriage Act. A party to the marriage can
seek annulment of marriage under Section 12 of Hindu Marriage ... consummation of the marriage owing to the impotence of the petitioner
under Section 12(1) (a) of the said Act. As rightly observed
filed by the husband for divorce under Sections 12(1)(a), (Marriage not consummated owing to impotence and 13(1)(ib) (desertion) of the Hindu ... petition, it appears to me that the impotency alleged was not simply restricted to her alleged impotency with reference to the respondent alone.
11. Anyway
shall remove all reasonable doubts.
12. The Supreme Court had occasion to consider a case under Section 12(1)(a) of the Hindu Marriage ... practical impossibility and in order to entitle a petitioner under Section 12(1)(a) of the Hindu Marriage Act, 1955 to obtain a decree
that the appellant had satisfied the conditions set out in Section 12
of the Hindu Marriage Act to get a divorce?
3. Learned Counsel ... wife, it is relevant to extract below Section 12(1)(2) of the Act:
''12.Voidable marriages – (1) Any marriage solemnized,
whether before
