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
marriage wa
s not consummated
because of either his impotency
or the impotency of the
wife. What has been stated is
that the marriage could ... reluctance on
the part of the petitioner-wife
to have sexual relation
with the respondent-husband
. The statement of
objections filed by the petitioner
-wife
because he
was unable to consummate marriage due to impotency.
In those days, she was employed as medical officer in
BJRM hospital, Jahangir Puri, Delhi ... relations between them became strained.
He further argued that complainant filed a petition for
annulment of marriage on 25.07.2005 leveling false
allegations of impotency though
been
under the treatment of Dr.Sudhakaran and he became
impotent. He claimed that he was a CPI(M)
activist, but later due to difference ... joined
by women associations and with the connivance of
Ayub, a relative of accused No.1, who was
inimically disposed towards him as there
respondent No.2 has alleged that petitioner No.2 was impotent, the present
marriage was never consummated and consequently, no case under Section
498A ... that on the date of incident,
petitioner No.7 was not a relative, but only a friend of brother of the
petitioner No.2. According
suicide, of slapping
and assaulting the husband, of repeatedly misbehaving with
the relatives of the husband, of not attending to household
chores, of quarrelling with ... fact that she had
levelled allegation against the appellant-husband of
impotency, and sexual promiscuity, the fact that she had
assaulted him in front
Sometimes, suffocation was caused and she had vomited. When the neighbours and relatives of the appellant and the respondent questioned ... appellant sent a legal notice falsely accusing that the respondent is impotent and not fit for sexual life and the marriage had not been consummated
customs. The marriage was an arranged marriage with the consent of relatives of both sides. According to the petitioner, immediately after the marriage, during ... petitioner and therefore the marriage was not consumated owing to the impotency of the second respondent. When this was questioned by the petitioner
summary sheet produced at
Ex.P-15 - wound certificate relating to first claimant has
been produced and marked as Ex.P-7. Undisputedly
first claimant ... rupture of urine
bladder, Doctor has opined that first claimant may
develop impotency. Disability certificate produced as per
Ex.P-15 issued by the Medical
that he is aged 70 years and because of age he is impotent and unable to do
sexual intercourse for the last 10 years ... stated that defence witnesses
examined by accused are his friends or relatives and their statements does
not inspire confidence.
8. Sh. Abdul Sattar, Ld. Amicus
