Barrenness alone is not grounds for divorce under the Hindu Marriage Act; Family Courts must rigorously evaluate all evidentiary materials, particularly medical reports.

JUDGMENT :

S. B. PD. SINGH, J.

1. Heard the parties.

2. The appellant has come up in this appeal against judgment and decree dated 29.06.2019 passed by the learned Principal Judge, Family Court, Bhagalpur in Matrimonial Case No. 12 of 2008, whereby the petition filed by the appellant under Sections 12 and 13 of the Hindu Marriage Act, 1955 (in short 'the 1955 Act') seeking dissolution of marriage by a decree of divorce, has been dismissed.

3. The pleaded case of the appellant in his petition filed under Sections 12 and 13 of the Hindu Marriage Act, 1955 is that marriage of the appellant with the respondent was solemnized on 29.06.2006 according to the Hindu rights and rituals and after marriage the respondent came at her Sasural and stayed there for about a week and thereafter, her brother came and took her to her parents’ house. During her stay, the appellant tried to cohibit with her but she frequently denied. After staying for sometimes, the respondent-wife returned to her Sasural. The appellant again tried to establish physical relation with the respondent but due to similar type of excuse by her, the physical relationship could not be established. The appellant, time and again, tried to cohibit with the respondent, but every time, she denied to cohibit with him, as a result of which, the appellant could not establish physical relation with the respondent even a single time. Hence, the appellant claimed that the marriage cold not be consummated owing to the impotency of the respondent. The respondent has been exercising frequent mental as well as physical cruelty against the appellant and other in-laws family members since 30-06-2006.

4. The respondent has completely failed to discharge her matrimonial obligation towards her husband and other in-laws members. The actions/misdeeds of the appellant have caused great torture and harassment in the mind of the appellant. This causes enormous pain and grief in the mind of the appellant. The appellant, therefore prayed to annul the marriage by a decree of nullity of marriage.

5. After filing of the Matrimonial Case, summons were issued to the opposite party/respondent. She appeared and filed her written statement in which she has stated that all the allegations made by the appellant against the conduct and behaviour of the respondent was false and it has been averred that the respondent was mentally and physically tortured by the appellant for non-fulfillment of dowry demand for which the respondent-wife has filed Complaint Case No. 2231 of 2008 against the appellant and other in- laws family members. Thereafter, this Divorce case is said to have been filed on false and concocted grounds only to oust the respondent from the matrimonial life of the appellant. The respondent, therefore, prayed that divorce petition filed by the appellant is fit to be dismissed.

6. After framing of the issue and material evidences available on record, learned Principal Judge, Family Court, Bhagalpur held that the appellant-husband has failed to prove his case. Accordingly, the divorce petition was dismissed. The appellant-husband, being aggrieved by the said judgment of the learned Family Court has filed the instant appeal before this Court.

7. In order to prove his case, the appellant has produced four witnesses which are P.W. 1 Anjan Kumar Roy(appellant himself), P.W. 2 Sadanand Roy, P.W. 3 Krishna Kant Roy, P.W. 4 Kailash Choudhary.

8. The following documents were also exhibited on behalf of the appellant husband.

Ext-1 Medical Prescription of Dr. R.N.Jha

Ext.2- Ultrasound Report

Ext-3 Report of examination of blood

Ext.-4 Report of examination of blood imm