applicant (respondent before this Court) has filed an
application under Section 12(1)(A) of the Hindu Marriage Act for
declaring the marriage ... whether the non-
applicant/wife is suffering from impotency making a ground under
Section 12 of the Hindu Marriage Act. For this, parties are
required
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 ... specific plea of
impotency. Such decree of annulment of marriage can only be passed
in a substantive petition under Section 12 of the Act which
divorce?
9. Though the husband urged for relief under
Section 12(1)(a) read with Section 13(1)(ia) of the Act,
the learned Family ... Section 12(1)(a) of the
Act, since it is not a case where the marriage could not
11
be consummated owing to impotency
filed the petition under
Section 12 of Hindu Marriage Act, 1955 for dissolution of marriage on the
ground of impotency and on other serious allegations
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
schizophrenia and he was impotent, on 25th
August, 2011, the appellant filed a petition under Section 12 of the
Hindu Marriage Act, 1956 seeking annulment
Section 5 of the Hindu Marriage Act i.e., living spouse,
degrees of prohibited relationship and sapinda relationship respectively.
Section 12 of the Hindu Marriage ... Section 5 of the Hindu
Marriage Act are void, whereas under Section 12 of the said Act, for contravention
of any of the conditions enumerated
case in brief are that the
respondent/husband filed a petition under section 13 (1) of the Act on
the ground of mental cruelty ... that earlier a civil suit
bearing no. 26-A/13 was filed u/s 9 of the Act for restitution of conjugal
rights
subjected to cruelty of the kind which
entitled him to divorce under Section 13(ia) HMA, 1955.'
10. We have heard learned counsel ... were of Rajesh
explaning that he (husband) was impotent which made her to develop above
relationship.
12. In his examination-in-chief
marked as Exs.P12 to P15, stating that there is nothing to suggest that both the accused are impotent and their age is around ... investigation, filed final report/charge sheet, charge sheeting the accused under Sections 376(g) IPC r/w. 302 r/w. 34 IPC on the file
