( 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