( 1 ) THE wife hashed this appeal. Her E prayer to declare her marriage with the respondent a millity on the ground of impotency of the respondent was declined by the learned single judge. She was, however, granted a decree of judicial separation on the ground of cruelty.

( 2 ) THE marriage between the parties was solemnized at Delhi on 14th October 1975 under the Indian Christian Marriage Act, 1872 (tor short hereinafter referred to as the Act ). The wife. professes the Christian religion and comes from Meghalaya. The Railway Traffic Service through a competitive examination. She Came to Delhi to join her duties in May 1975 and was residing at the Railway Rest House, New Delhi. Per chance tha partis thet at the Y. W. C A. , New Delhi. They developed Friendship and got married. It is alleged that the parties could not many in the Church as the husband was not a Christian and they), therefore, decided to have a civil marriage. Though the parties got married under the Act. the wife claims that she was always under the mistaken belief that the marriage was performed under the Special Marriage Act, 1954. However, nothing turns oh this except that the wife alleges that ce