that incapacity of sexual intercourse is an essential ingredient of impotency under Section 12(1)(a) of the Act. In another case of Jadishlal ... uterus or cervix, that does not render her 'impotent' under Section 12(1)(a) of the Act. She was thus not impotent
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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
impotence, it is clear, that since impotence at the relevant points of time is a ground for a decree of nullity under Section 12 ... charge of impotence and that of attempts to commit sodomy I shall first advert to the charge of impotence.
15. Section 12
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
primary marital duty, he should be regarded as impotent under Section 12(1)(a) of the Act right from the time of his marriage till ... under:--
"6. Amendment of Section 12 . -- In Section 12 of the Hindu Marriage Act,--
(a) in Sub-section (1),--
(i) for Clause
Supreme Court in the context of Section 12(1)(a) of the Hindu Marriage Act defined impotency in identical words as defined in Halsbury ... these authorities, a wife cannot be held to be impotent within the meaning of Section 12(1)(a) of the Act unless and until
because of her husband's impotance and the present petition for annulment of marriage under Section 12 of the Hindu Marriage Act was brought ... wife and the husband should be regarded as impotent under Section 12 of the Hindu Marriage Act right from the time of his marriage
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
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
