AIR 1973 DELHI 200

Delhi High Court

Hon'ble Judge(s): T. V. R. Tatachari, Rajindar Sachar , JJ

(A) Hindu Marriage Act (25 of 1955) , S.12(1)(a)— Annulment of marriage on ground of impotency - Strict proof of impotency necessary - Impotent - Meaning of. Words and Phrases - Impotent. (A) In order to attract Section 12 (1) (a) it has to be positively proved that the respondent was impotent at all material times i. e. right from the time of the marriage till the institution of the petition. This requirement is so strict that even if it could be shown that the marriage was consummated just once during this period, a decree of nullity cannot be granted. The burden of proving that the respondent was impotent at all material times is on the petitioner. Impotency is the lack of ability to perform full and complete sexual intercourse. Imperfect and partial intercourse would not amount to consummation of marriage, and if the husband was incapable of performing the sexual intercourse fully he would be in law deemed to be impotent. (B) Hindu Marriage Act (25 of 1955) , S.10(1)(b)— Cruelty - Connotation of - Decree for judicial separation passed. (B) Legal concept of cruelty is conduct of such a character as to cause danger of life, limb or health (physical and mental) or as to give rise to a reasonable apprehension of such danger. ....