1. The petitioner in a petition under S.18 of the Indian Divorce Act (4 of 1869) asking for a declaration of nullity of her marriage with the respondent is the appellant, the ground being that the respondent was impotent at the time of the marriage and at the time of the filing of the petition and therefore there was no consummation of marriage. The learned District Judge of Trivandrum after trial dismissed the petition holding that the evidence adduced is not sufficient to prove that the respondent was impotent at the time of the marriage and at the time of the filing of the petition. The correctness of this finding was challenged before us on behalf of the appellant.

2. Though the petition for declaration of nullity was contested before the learned District Judge by the respondent there was no appearance for him in this Court. The appellant has filed C. M. P. 1055 of 1967 in the appeal for alimony pending the proceedings. The respondent has entered appearance in that petition and filed his objection. His learned counsel submitted before us at the time of the hearing of the appeal that he has no instructions to appear in the appeal and he has been instructed only to opp