above aspect of impotency so also on the aspect of
relative impotency, following decisions are cited before us by the
learned Advocate Shri ... Advocate Mr. Karnik for the husband argued on the aspect of
relative impotency. During the arguments, he submitted that the wife
was suffering from relative
physical of the appellant-husband to
have sexual relations, which may be termed as relative impotency
(qua the petitioner), the marriage could not be consummated ... stigma on him.
The relative impotency is somewhat different than the general
notion of the impotency and acceptance of Relative Impotency
would not brand
relation to his wife, the appellant herein. It might be that because of some information which he received, he developed the aforesaid relative impotency ... case of relative impotency a male person may be impotent vis-a-vis his wife, though he may not be impotent
impossible to achieve a satisfactory sexual relationship. The concept of relative impotency which prescribes that a person suffering from no handicap whatsoever still feels inhibited ... modified and a decree passed on the ground of relative impotency.
9. We need to mention at this stage that we are completely satisfied from
marriage had not come
to be consummated owing to the relative impotency of the respondent-wife
i.e. on account of her coldness, frigidity ... wife, since the date of marriage, was cold, frigid and
therefore relatively impotent towards him; that has resulted in the non-consummation of marriage
marriage and at the time of the institutionof the petition relatively impotent the petitioner or suffered from impotentia quoad hunc vel hanc (see Latey ... either generally or with the spouse filing the petition and this relative impotence may be caused by factors such as hysteria or resistance or psychological
that there was no consummation of
marriage. Therefore, the theory of relative impotency as was applied in
the case of Ameya (Supra) to pass ... that the respondent has not admitted that she suffers from
any relative impotency or any incapacity.
7. Similarly, even the observations of the Family Court
filed by the wife. Her case is that the respondent is impotent relatively to her. As regards the birth of the child, she says ... wife are impotent, (b) the husband alone is impotent, or (e) the wife alone is impotent. Impotency may be relative impotency, that is a person
admitting that the marriage had not
been consummated. He also pleaded relative impotence qua the appellant.
When the appellant moved the application under Order ... position to consummate the same with the appellant - due to his relative
impotence, and the respondent had also appeared and agreed to the passing
grant the relief if one spouse is found to be impotent in relation to the other spouse.
12. In AIR 1966 All 150 this ... what has been said about impotency :--
"Impotency means incapacity for accomplishing the act of sexual intercourse and in this context, sexual intercourse means
