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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
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
preferred a petition under Section 12 (1) (a) of the
Act for annulment of marriage on the ground of impotency of the appellant-
husband ... declaring the marriage null and void. Section 12 (1) (a) of the Act reads
thus:
"12(1) Any marriage solemnized, whether before or after
contended that had the allegations about
impotency been true, she ought to have filed petition under section 12(1)(a)
of the HMA first instead ... wife had filed the
application is Section 12(1)(a) of the Act which is as follows:-
"12(1) Any marriage solemnized, whether before
impotency could be cured through treatment.
6. Learned counsel appearing for the respondent-husband
stated that on perusing the application filed under Section 12 ... Section 12 of the
Act, prays for a decree of nullity annulling the marriage dated 20.6.2007
on the ground that the respondent is impotent
however, submits that the respondent was impotent to
consummate the marriage and, therefore, in terms of Section 12(1)(a) of the
Act, the marriage ... make the marriage voidable in terms of Section 12 of the
Act.
As regards the plea regarding impotency, it may be noticed that
there
void
on the ground of Section 12 of HMA as the marriage could not be
consummated owing to the impotence of the respondent ... Dharambir Bhardwaj etc.
been declared null and void u/s 12 of HMA. U/s 12 of HMA, as mentioned in
the judgment, factum
12
21.01.2013
O R D E R:
1. Vide this order, I shall dispose off the petition as filed U/S 12 ... which provides for a
specific ground of impotence of the opposite party.
20. Section 12 (1) (a) of HMA, the relevant provision is necessary
report had been received
from the Protection Officer as required under Section 12 of the Act,
and as such the complaint was not maintainable ... report had been received from the Protection Officer as required under
Section 12 of the Act, and relying upon a decision of the Allahabad
High
effect of intoxication on the
capacity to contract is contained in Section 12 of the Indian
Contract Act, which provides as follows:-
What ... mind.
30 It has been made clear in Illustration (b) to Section
12 that a sane man, who is delirious from fever
