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marriage on the ground of impotence under Section 12 (1) (a) of the Act
was dismissed.
8. Feeling aggrieved ... purview of Section 12 (1) (a) of the Act.
I feel it is not a correct interpretation of Section 12
sought under Section 12 , and under
Section 13 , is also distinct and qualitatively different. Whereas, under
Section 12 the petitioner is entitled to seek ... respondent. Secondly, a reading of Section 12(1)(a) and Section 12(2)
shows that the ground of impotence of the respondent, which has resulted
husband was impotent qua her. She simply said that the husband was impotent. She made the allegation in accordance with Section 12 ... consummate marriage he has to be regarded as impotent for the purposes of Section 12(a) of the Act. In impotence cases the emphasis
petition of the wife for divorce on the ground of impotency mentioned in section 12(1)(a) of the Act. The ground of cruelty mentioned ... primary marital duty, he should be regarded as impotent under section 12(1)(a) right from the time of his marriage till the institution
filed by
the respondent is section 12(1)(a) of the Act which is as follows:-
"12(1) Any marriage solemnized, whether before ... between the parties was not consummated due to impotency of the
appellant. The requirement u/s 12(1)(a) of the Act are fulfilled
order to attract Section 12(1)(a) of the act it has to be positively proved that the husband respondent was impotent at all material ... granted in terms of Section 12(1)(a) of the act. The burden of proving that the respondent was impotent at all material times
filed a petition under section 12(1)(a) of the Act for annulment of the marriage on the ground of impotency. It was asserted therein ... case has been made out with regard to section 12(l)(a) of the Act.
(54) Impotency is the lack of ability to perform sexual
Kumari vs Santosh Nath Khanna on 9 April, 1975
Equivalent citations: AIR1976DELHI246, 12(1976)DLT26, AIR 1976 DELHI 246
JUDGMENT
B.C .Misra ... judicial separation on the ground of alleged impotency and/or cruelty mentioned in sections 12 and 10 of the Hindu Marriage
been instituted under the provisions of Section 12(1)(a) of the Act, which reads asunder:- "12. Voidable marriages-(1) Any marriage solemnized, whether ... Section 12(1)(a) , therefore, the requisite is that ordinary and complete sexual intercourse has not taken place between the parties owing to the impotence
mensturated.
(3) Alleging that his wife was impotent he sought a decree of nullity under Section 12 of
(4) On these pleadings the following ... Whether the marriage has not been consummated owing to the impotency of the respondent ? (2) Relief."
(5) The learned Additional District Judge after going
