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2019 Supreme(Kar) 1468

ALOK ARADHE
Anusha Sonnad W/o Shri Akash Kalyanashetty – Appellant
Versus
Akash Kalyanashetty S/o Shri Ashok Kalyanashetty – Respondent


Advocates Appeared:
For the Petitioner: Mr. G.R. Gurumath, Sr. Counsel For A/w Mr. Raviraj Malali, Adv.
For the Respondent: Mr. Ashok B. Patil, Adv.

ORDER :

Sri. G.R. Gurumath, Senior learned counsel for Sri. Raviraj Malali learned counsel for the petitioner. Sri. Ashok B., learned counsel for the respondent.

2. The writ petition is admitted for hearing. With consent of the parties, the same is heard finally.

3. In this petition under Article 227 of the Constitution of India the petitioner has assailed the validity of the order dated 19.11.2016 & 09.02.2017 passed by the Family Court and to direct the Family Court to allow the memo dated 16.01.2017 filed by the petitioner contained in Annexure-J. Alternatively, the petitioner has prayed for issuance of a commission for holding a expert medical investigation on the respondent regarding his impotency.

4. Facts giving rise to filing of the writ petition briefly stated are that the marriage between the parties was solemnized on 05.03.2014. The petitioner filed a petition under Section 12(1)(a) read with Section 13(1)(ia) of the Hindu Marriage Act, 1955 on the ground that respondent is impotent. It was averred in the petition that the marriage of the petitioner and the respondent has not been consummated due to impotency of the respondent. The respondent filed statement of objections an

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