( 1 ) THIS is an appeal under Section 28 of the Hindu Marriage Act (herein called the Act ) filed by Smt. Sushila Devi Aggarwal, challenging the decree of annulment granted by Miss Usha Mehra, Additional District Judge, Delhi, by her judgment passed on 11th November, 1980, on a petition filed by the respondent herein, Shri Vijay Kumar Aggarwal.

( 2 ) THE case of the husband was that the parties to the petition were married on 20th February, 1977, at Faridabad (Haryana ). After the marriage they came to Delhi and lived for about 2 to 3 days. During that period the marriage was not consummated as the parties could not have any sexual intercourse. Thereafter, the wife left for her parents house. When she came back after about ten days or so she stayed at Delhi with her husband for another ten days and again left for her parents house. The case of the husband was that during the period of stay of his wife at Delhi she never mensturated. During the days when the wife was staying with him after her first visit to Faridabad the husbad tried to have sexual intercourse with his wife. According to him he could not penetrate for more than an inch or so , all his e