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1967 Supreme(Del) 32

K.S.HEGDE
JAGJIT SINGH,J. S. – Appellant
Versus
LETTER PATENT – Respondent


Advocates Appeared:
A.B.SAHARIA, A.K.SEN GUPTA, ANAND PARKASH, Mehar Singh, Prakash Narain, USHA MEHRA

( 1 ) THE marriage of the appellant with the respondent has been declared a nullity by the Additional District Judge of Delhi in pursuance of an application under Sec. 12 of the Hindu Marriage Act, 1955 (to be hereinafter referred to as the Act) made by the respondent. The complaint of the respondent was that the appellant was impotent at the time of marriage and continued to be so until the institution of the proceeding. That case has been accepted by the trial Judge. The decision of the trial Court was affirmed by Khanna, J, sitting singly. Hence this appeal

( 2 ) SHRI Parkash Narain, the learned counsel for the appellant questioned the correctness and legality of the decision in this case on four grounds, namely, "

(1) The appellant was prejudiced in his defence because of the fact that the necessary particulars were not given by the respondent either in her petition or in the particulars supplied later;

(2) the Courts below erred in opining that the respondent has satisfactorily established that the appellant was impotent at the time of the marriage and continued to be so until the institution of the proceedings;

(3) the Courts below should have dismissed the petition of the respon


















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