JUDGMENT - S.M. DAUD, J.:---This appeal impugns the dismissal of a petition seeking a decree of nullity for non-consummation of marriage or in the alternative a divorce on the ground of infidelity.

2. The admitted facts are that the parties are Hindus and were married at Bombay on 22 May, 1979. In the Diwali of 1979, on the occasion of Bhaubeej Festival, there was some incident leading the husband-appellant to snatch her Mangalsutra from the neck of the wife-respondent and also to drive her out from the marital home. The intervention of relations and neighbours resulted in reconciliation but not for long. This is because on 23rd January, 1980 the appellant petitioned the City Civil Court claiming a decree of nullity on the ground that the marriage had not been consummated owing to the impotence of the respondent. Briefly, the case set out in the petition at that stage was that the respondent did not have normal genital organs which incapacitated sexual intercourse or that she had so strong an aversion to such intercourse in general, and in particular with him that the marriage could not be consummated. After some 3 years, the husband perusing a medical certificate tendered by the w

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