Sankaran, J.

The questions involved in this Matrimonial Appeal are: (1) Whether a petition for dissolution of marriage filed by the husband on the ground that the wife wilfully refused to consummate the marriage and the marriage has not therefore been consummated [which is a ground for dissolution of marriage under clause (vii) of Section 1 0 introduced by The Indian Divorce (Amendment) Act, 2001, Act 51 of 2001 by the substitution of Section 10 of The Divorce Act, 1869] is liable to be dismissed on the ground that the Petition was filed twelve years after the marriage and therefore the petitioner is guilty of unreasonable delay in presenting the petition within the meaning of Section 14 of the Act, when the petition was presented within reasonable time after the commencement of Act 51 of 2001? (2) Whether refusal by the wife to consummate the marriage on the ground that there is likelihood of her begetting children with mental disorder as the relatives of the husband have children with mental retardation, amounts to wilful refusal to consummate the marriage?

2. The parties are Indian Christians. Their marriage was solemnized on 29-8-1991 at St. Mary's Malankara Syrian Ca