AVADH BEHARI ROHATGI, J.

( 1 ) THIS is a matrimomd reference. The wife sued the husband for nullity of marriage on the ground of his impotency. She presented a petition on 28th May, 1977 to the District Court under s. 18 read with s. 19 (1) of the Indian Divorce Act, 1869 (the Act), praying that her marriage may be declared null and void on the ground that her husband was impotent at the time of marriage and at the time of the institution of the suit. The husband appeared. He filed a written statement on 30th August, 197/ contesting the petition. On 14th November, 1977 counsel for the husband made a statement before the court that he had been instructed by his client to withdraw from the case. As the husband withdrew from the: arena of contest, the wife s petition was tried as an undefended cause.

( 2 ) APPEARING as her own witness, the wife made a statement in support of the petition. The Additional District Judge was satisfied on evidence that the husband was impotent. He declared the marriage null and void and granted the wife a decree subject to the confirmation by this court under s. 20 of the Act. We are now asked to confirm the decree dated 19th November, 1977 made by the Ad

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