either of the
grounds of non-consummation due to impotency or cruelty under
Sections 12 ... consummation of marriage owing to the Respondent's impotency
under Section 12(1)(a) of the Hindu Marriage Act, 1955, and
second, the allegation
proviso of Section
12 of the Hindu Marriage Act, 1955. The Trial Court ought to have
framed the point of Section 12 ... voidable due to
non consummation of marriage under Section 12(1)(a) and as per
Section 12(1)(c) .
15/28 MB,J & BRMR
falls U/s.12 (1)(a) of
The Hindu Marriage Act and the said Section is
reproduced hereunder for ready perusal;
12. Voidable Marriages ... undefined
concluded as follow:-
25. Section 12 , prior to its amendment in 1976,
stated that the the respondent was impotent at the
time
allegations of insanity and impotency on the part of the
respondent. Accordingly, dismissed the suit filed under Section 12 of the
Act for declaring ... because fact of impotency has not
been proved. Grant of such decree will amount to overstep legislative
intent under Section 12 of the Hindu Marriage
nullity of his marriage with the
respondent solemnized on 21.01.1991, under
section 12 of Hindu Marriage Act?
4. What order?"
4.1 The findings ... impotence of the respondent. Failure to prove fraud was also
found. It was accordingly held that no decree under Section 12
of the Act could
Gwalior. He had filed a petition under Section 12 of the Hindu Marriage
Act for declaring the marriage as null and void on the ground ... Section 12 of
the HM Act. The very foundation of the basis of which petition under Section 12 of the
HM Act is impotency
case squarely attracts the provisions of Section 12(1)(c) of the HMA,
which reads as follows:
"12. Voidable marriages. - (1) Any marriage solemnised ... Subjection (1) of Section 12 of the
Act. Section 12 of the Act reads as under: -
SECTION 12 - Voidable MARRIAGES - (1) Any marriage
solemnized, whether
declare the marriage void or voidable
according to the provisions of Section 12 of
the Hindu Marriage Act, on the ground that
the husband played ... ground that the suit
filed by the respondent under Section 12(1)
of the Hindu Marriage Act is not maintainable
as a marriage cannot
house and started residing at
her maternal house, therefore, application under Section 12 (1) (a) of the Hindu
Marriage Act, 1955 has been filed before ... application under Section 12 (1) (a) of Hindu
Marriage Act, 1955 against the respondent/wife on the ground of impotence and
impugned order has been
Magistrate, Virudhunagar District @ Srivilliputtur to record
the statement of the victim under Section 164(5) Cr.P.C. As per the
proceedings of the Chief ... Sattur recorded the statement (Ex.P.13) of the
victim girl under Section 164 (5) Cr.P.C.
(i) Thereafter, on 19.11.2015, the accused
