JUDGMENT - Chandurkar, Actg. C.J,-The appellant, who is the husband of the respondent, has filed this appeal challenging the judgment of the learned single Judge holding that this Court on the original side has no jurisdiction to entertain a petition for a decree of nullity of marriage under section 18 of the Indian Divorce Act, 1869 (hereinafter referred to as “the Act”).

2. It is not necessary to refer to the details of the grounds on which a decree of nullity is sought by the appellant and it is sufficient to mention that according to the petitioner, the respondent having refused to allow him to consummate the marriage and having refused to come back to him even after repeated requests, an inference that the respondent was impotent at the time of marriage and was still impotent was evident on the facts of the case and, therefore, the appellant filed the petition praying that he was entitled to a declaration that the marriage between the appellant and the respondent, which had taken place on 11th May 1980 at St. Phillips Church at Nasik Road was null and void under section 18 read with section 19(1) of the Act.

3. When the petition was called out for hearing before the learned sing

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