Under Section 12(1)(a) of the Hindu Marriage Act, 1955, the curability of the respondent's impotency is not a relevant consideration in determining whether the petitioner is entitled to a decree of nullity.

( 1 ) THIS appeal arises out of an application made under Section 12 of the Hindu Marriage Act, 1955 at the instance of the husband against the wife for annulment of the marriage celebrated on 13th May, 1973. The application was filed on 13th December, 1973. The husband in his petition stated that they were married according to the Hindu rites on 13th May, 1973. On 14th May, 1973 the couple returned to the residence of the petitioner at 7, Haridas Daw Road, p. S. Behala. On the night of 15th May. 1973 which was the Fulsajja night, the petitioner, it is alleged, desired and demanded to consummate the marriage but the respondent refused to agree and in fact she made terrible opposition amounting to invincible repugnance to the act of consummation and the petitioner found her to be mentally depressed which deterred the petitioner from making further progress for consummation of marriage. On May 20, 1973 the couple went back to the quarters of Ashis Bhowmick, brother of the wife, where the marriage was celebrated and stayed there for the night. It is alleged that the petitioner husband made an attempt tor consummation of marriage at Garia house but the consummation could not be made due to the opposition of the wife respondent. On or about 4th June, 1973 the respondent went to live at Poddar Park residence from her brother's quarter and on 27th June, 1973 the wife returned to the residence of the petitioner at Behala. Because of the repeated refusals by the respondent to consummate the marriage, the petitioner persuaded the respondent to be examined by a doctor and accordingly with her consent the respondent in or about the first week of August, 1973 was examined by a Gynaecologist. The doctor after due examination found the respondent to be suffering from malformation of her organ and that in her present condition she was unable to allow the consummation of the marriage and penetration is impossible. It is alleged by the husband that during short stay of the respondent at the petitioner's residence or the short stay of the couple at the quarter of Ashis Bhowmick the petitioner made repeated attempts for consummation of the marriage but there could not be any conjunction of the body. It is alleged that the respondent suffers from low physical infirmity and/or abnormality. It is stated that the petitioner possesses sound normal health of young person with the ability to consummate marriage. It is further stated that the respondent is impotent and her mental and physical condition makes consummation of the marriage a practical impossibility and such condition existed at the time of marriage and continued to be so until the institution of the proceeding. Due to the physical malformation of her female organ the wife is physically unable to have sexual intercourse. She is also mentally so high-strung that it is impossible far the petitioner to have normal sexual intercourse with the respondent. It is further stated that the respondent is physically, mentally and psychologically impotent of the type known as quoad hune or quoad hanc or in other words the respondent is at least impotent to the petitioner and the marriage cannot be consummated. On these allegations, the petitioner-husband prayed for annulment of the marriage. On 9th February, 1'974 the wife respondent filed written statement to the allegation made in the petition. It is alleged that it was the petitioner who on Fulsajja night suggested that he would proceed cautiously to consummate the marriage and asked the respondent to be ready for the coitus gradually. The respondent did not at all oppose the desire of the petitioner for consummation or demonstrate any repugnance in the said act. It is alleged that there wag a consummation of the marriage on 20th May, 1973 at the quarter of the respondent's brother but the penetration was slightly painful. It is stated that both the petitioner and the respondent felt and understood that it was the usual experience of a v