AVADH BEHARI, J. (oral)

( 1 ) THIS is a wife s appeal against the order of the Additional District Judge, Delhi, dated 18th of September, 1972.

( 2 ) ON 2nd April, 1971, the wife made a petition for a decree of nullity under Section 12 of the Hindu Marriage Act, hereinafter refferred to as the Act. The parties were married on 16th April, 1970. They lived together for four months but the marriage could not be consummated as the husband was impotent. The wife in her petition stated that the husband was impotent at the time of marriage and continued to be so until the institution of the proceedings. She further stated that the husband in the presence of her mother and brother-in-law admitted that he was impotent and was unable to cohabit with the petitioner as he was "sexually very weak. "

( 3 ) IN answer to the petition the husband filed his written statement. His defence was that he was not "universally impotent. " But he is impotent quad hanc. It was admitted that the marriage was unconsummated. The learned Additional District Judge framed the following issues:

1. Whether the respondent was impotent at the time of the marriage and continued to be so till the institution of this petiti

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