Criminal Procedure , 1973-Section (3)-Scope of-
Husband's impotence to have sexual relations with his wife-
Whether a just ground for grant ... Magistrate,
upheld her allegation that the appellant was impotent and
was incapable of having sexual relations with his wife. But
the Magistrate refused to grant
invoked in order to defeat, thwart, stall or render impotent, the provisions relating to remand to police custody for the purpose of facilitating investigation
essential object of marriage would be frustrated by reason of impotency of either spouse. Impotency is incapacity to consummate the marriage by actual conjugal intercourse ... second proviso, of the Code of Criminal Procedure , relating to the maintenance to the wife, that impotency of husband amounts to 'cruelty'. Therefore
written statement Ex. 3 that he is not impotent and denied that he had no sexual relations with the petitioner. According ... capable of having sexual relation and intentionally desists front doing so. Mr. Khatri, therefore, urged that though on proof of impotence of respondent
suppressed by her
parents. The respondent had not consummated due to the impotent,
strange and bizzare conduct, erratic behaviour of her during the
nuptial night ... respondent.
Thereafter, the respondent's parents came to Pondicherry with other
relatives and took her from the petitioner's home to their house
illicit
relations with the deceased. It is further the prosecution case that the
deceased used to tease the appellant as impotent.
(ii) The prosecution case
which can be said to have
shaken his credit relating to the matter of demand of
₹5,00,000/- by the accused persons. However, on perusal ... sides
one of the most important point of dispute was the
impotency of the accused, Babul Saha. It is also very
strange in this case that
illicit relation with one
Sachchidanand Singh and she used to complain regarding non-
satisfaction from her husband owing to his impotency and in this
connection
together as a husband and wife does not mean and include marital relations as a necessary ingredient. It is the factum of the residence together ... this case is living together as husband and wife without having conjugal relations. There are provisions in the Act to seek annulment of the marriage
husband has refused to have physical relations
with her. She has nowhere stated that her husband is impotent. Thus, filing of
application for conducting virginity
