declaring marriage null and void on the ground of impotency under Section 12 of the Act.
12. At this stage, Sri Harshit Pathak, learned counsel ... regarding impotency need not be gone into by this Court and thus, challenge to the impugned judgment to the extent of Section 12
under Section 12(1)(a) read with Section
13(1)(ia) of the Hindu Marriage Act, 1955 on the ground
that respondent is impotent ... condition mentioned in Section 12 of the Act that the
marriage between the parties has not been
consummated due to impotence of the respondent
decree of nullity on the ground of impotence of
husband and cruelty by husband under Sections 12(1)(ia) and 13(1)(ia) of
Hindu
whereby the learned Judge has allowed the petition under
Section 12 of Hindu Marriage Act filed by the respondent seeking decree of
divorce.
Brief facts ... respondent has filed
an application under Section 12 of Hindu Marriage Act on 14.09.2012 that his
wife is impotent to perform sex, hence the marriage
fraud. Section 12 of Act 1955 relates to voidable marriages. For ready reference Section 12 of Act 1955 is reproduced herein below:
"12 Voidable ... impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that
shall be useful to reproduce section 12 of Act 1955, which relates to voidable marriages:
"12 Voidable marriages . (1) Any marriage solemnised, whether before ... impotence of the respondent; or]
(b) that the marriage is in contravention of the condition specified in clause (ii) of section 5; or
(c) that
section (1) of Section 13 , and in the case of a wife also on any of the grounds specified in sub-section (2) thereof ... conditions specified in clauses (i), (iv) and (v) of Section 5 .
12. Voidable marriages.--(1) Any marriage solemnized, whether before or after the commencement
impotent, she left Aghan Sai and it is the case of the original plaintiff
i.e. his mother, that since he was impotent ... matrimonial home. Even the original plaintiff also claimed
5 (2015) 12 SCC 301
9
that Aghan Sai - her son, never solemnized any marriage with
defendant
marriage between the two;"
Section 12 of the Act reads as under:
"12. Voidable marriages.- (1) Any marriage
solemnised, whether before or after ... impotence of the
respondent; or]
(b) that the marriage is in contravention of the
condition specified in clause (ii) of section 5; or
(c) that
been summoned under
Section 193 Cr.P.C. to face the trial in case FIR No.12 dated 21.02.2015
under Sections ... Pradeep firstly abused Pradeep and then Shimla stated that that he
is impotent and useless thus he had no right to live. Omdev had picked
