( 1 ) ON the 19th day of September, 1958 the petitioner Monika Das Gupta falsely called Monika Roy filed this petition for declaration that the marriage between her and Promode Kumar Roy performed on 8-2-1958 is null and void.

( 2 ) ON 8-2-1958 the petitioner who was then a spinster of about 26 years of age was married to Promode Kumar Roy then a bachelor of about 35 years of age at No. 54a Amherst Street in the town of Calcutta.

( 3 ) THE petitioner and the respondent lived and cohabited from the said 8th day of February, 1958 until the 5th day of March, 1958 at 54a Amherst Street, Calcutta and 12/1a Hindustan Park, Calcutta. The respondent never consummated the marriage by carnal copulation, for according to the petitioner the respondent was, by reason of his impotency or malformation, legally incompetent to consummate the said marriage and to enter into the said marriage.

( 4 ) ON or about 13-2-1958 the petitioner disclosed the fact of impotency of her husband to Shephali Das Gupta, wife of the petitioner's brother.

( 5 ) ON or about 25-5-1959 an order for amendment of the petition was directed. The amended petition contains the following paragraph:"that your p