1. The appellant is the husband of the respondent. She filed a petition for annulment of her marriage with the appellant on the only ground that the marriage between them could not be consummated owing to impotence of the appellant, aground provided in Section 12(1)(a) of the Hindu Marriage Act, 1955 (hereinafter called as the Act) rendering a marriage voidable.

2. Her petition was allowed by the Family Court, Agartala, West Tripura by judgment dated 21-3-2006 in Title Suit (nullity) 55 of 2003 annulling the marriage by a decree of nullity. Aggrieved, the husband is before us in appeal.

3. In her petition under Section 12(1)(a) of the Act, she averred that her marriage with the appellant, a veterinary surgeon serving under the State Govt. was solemnized on 7-2-2003 by performing all essential Hindu Vedic rites in the house of her parents. On the following day, she came to the house of her husband, the appellant herein. Though they shared the same bed, there was no approach from him for sexual activity on that night. Third day of the marriage being 'Kal ratri', they could not see each other being prohibited by customs. Fourth day of the marriage was 'Subha ratri' (auspicious n