respondent was impotent at the
Marriage. Clause (a) of Sub-section (1) time of the marriage and continued
of Section 12 makes it clear that ... Decree of Nullity under Section-12(1)(a) applicable as impotency under
of The Hindu Marriage Act, 1955 . The Section 12 was in question
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
Court pronounced the following:
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ORDER
Present criminal revision is filed under Section 19(4) of Family
Court Act against the order dated 09.02.2024 passed ... that petitioner/wife filed the petition for annulment of
marriage under Section 12 of Hindu Marriage Act on the ground of
Signature Not Verified
Signed
section 12(1)(a) in Hindu Marriage Act, 1955 .
"12(1) .... .... ..... (a) That the marriage has not been
consummated owing to the impotence
Section 12(a) of the Act,
the marriage would be voidable if the marriage is not consummated owing to
the impotency of the respondent ... contents of Section 12
of the Act in so many words, the presence or absence of the particular word
'impotency' will not make
relevant to extract Section 12 of the Hindu Marriage Act,
1955 which deals with voidable marriages.
12. Voidable marriages:-
(1) Any marriage solemnized whether before ... material fact or
circumstance concerning the respondent was included in Section 12
(1) (c) of the Act.
9. As discussed supra, according to the appellant
ends of justice, whereas, barring interlocutory
order under Sub-section (2) of Section 397, the
revisional court can call for the record of any
inferior ... Section 397 of the Code as no
special and exceptional reasons have been
assigned for filing the revision petition directly
in this Court.‖
12. Thus
under Section 164 Cr.P.C. P.W.11 after observing necessary legal
formalities recorded the statement of the victim child under Section ... altered
the sections of law from 8 of POCSO Act to Sections 10 and 12 of
POCSO Act. The Alteration Report was marked
12), then then Judicial Magistrate No.II, Pollachi for
the purpose of recording her statement under Section 164 Cr.P.C. P.W.12
received ... appellant for the offences punishable
under Section 3(a) r/w. 4 of POCSO Act and Section 506(i) IPC.
4.11. The learned trial court
which could determine the standard of proof to determine the potency or impotency. Thus issue has to be settled on the basis of incorporated testimony ... Renuka vs. Rajendra Hada in its para 12 and 13 has held as under :
"12. The questions for consideration in the instant appeal
