ORDER :

CHANDRA REDDY, J.

1. These appeals are directed against the order of the District Judge, West Godavary, dismissing the appellant's petition (O.P. No. 108 of 1956) under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights and accepting the respondent's petition (O.P. No. 127 of 1956) under Section 12(1)(a) of the said Act for annulment of the marriage.

2. The appellant and the respondent were married on 15-5-1955. Admittedly, the marriage was not consummated though the nuptial ceremony fixed a week after the marriage was gone through. According to the appellant, this was due to his having fever on those days, while it is the case of the respondent that consummation could not take place because he was impotent. There are also differing versions as to why the respondent did not live with the appellant. It is alleged for the respondent that the appellant was not anxious to have her with him because of the defect mentioned above, while it is the appellant's version that the respondent's relations were anxious to have the marriage dissolved, so that they could misappropriate the jewels presented to her at the time of the marriage. Be that as it may, the app