( 1 ) THIS appeal is at the instance of the husband against his wife and it arises out of a proceeding under Section 12 (1) (a) of the Hindu Marriage Act.

( 2 ) THE appellant, who is the husband, made an application under Section 12 (1) (a) of the Act. The marriage between the parties was solemnised on May 7, 1965, according to the Hindu rites. It was alleged that prior to the marriage the respondent had undergone an operation on June 28, 1955, by which her uterus was removed and as such, she was impotent at the time of the marriage and was unfit for consummation or bearing child to the appellant and was continuing to be so till the date of the presentation of the said application. Further, it was alleged that the respondent was always averse to marital relations with the appellant who had recently been able to find out the cause of such aversion.

( 3 ) ON the aforesaid allegations the appellant prayed that the marriage between the parties might be annulled by the court by a decree of nullity.

( 4 ) THE application was opposed by the wife and she filed a written-statement. In paragraph 7 of her written-statement she admitted that she had undergone an operation be