VISWANATHA SASTRY, J.

( 1 ) THIS is a husband s appeal against a decree awarding separate maintenance to his wife on the ground of cruelty. The liability is denied on the ground that the marriage was void and a nullity by reason of the impotence of the husband. Objection is also taken to the amount of maintenance decreed. It is admitted that both at the time of the marriage and since the marriage, the husband has been impotent and incapable of consummating the marriage with the plaintiff. Under the English Law there is no doubt that in such circumstances the wife would be entitled to a decree of nullity. It has been held that the marriage of a person who is impotent and has never been able to consummate marriage is a nullity under the Hindu Law too. See Edgley, J. in Ratan Moni Debi v. Nagendra Narain Ghakravarti and Ellis jj. in Rakeya Bibi v. Anil Kumar Mukherjea and Tendolkarj. , in A. V. B. . The begetting of children is the primary object of marraiage for the attainment of which the physical capacity of the spouses is an essential requisite. A marriage, whatever else it is i. e. a sacrament, is a contract with correlative rights and obligations. Marriage postulates physical cap

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