( 51 ) THE petition under section 12 (1) (a) of the Act was filed on 15th February, 1973. The provision of the Act at that time read as follows :"12 (1) Any marriage solemnized, whether before or after the commencement of this Act, shall be voidable, and may be annulled by a decree of nullity on any of the following grounds, namely : (a) that the respondent was impotent at the time of the marriage and continued to be so until the institution of the proceeding ; It was subsequently amended in 1976 with effect from 27th May. 1976. The amended provision provides : "12. (1 ). . . . . . . . . . . . . . . . . . . . . . . . . . . (a) that the marriage has not been consummated owing to the impotence of the respondent. " Section 39 of the Marriage Laws (Amendment) Act, 1976 which is a special provision dealing with pending cases provides : "39. (1) All petitions and proceedings in causes and matters matrimonial which are pending in any court at the commencement of the Marriage Laws (Amendment) Act, 1976, shall be dealt with and decided by such court (i) If it is a petition proceeding under the Hindu Marriage Act, then so far as may be, as if it had been originally instituted therein under t

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