1. - This is an appeal under Section 28 of the Hindu Marriage Act, 1955 against the judgment of Additional District Judge, Srigaganagar dated 8-12-78 dismissing the petition of the appellant Shankardutt (husband) for annulment of marriage by a decree of nullity against his wife Smt. Vidyadevi on the ground of her impotency.

2. It is not in dispute that there was a marriage according to the Hindu religious rites and ceremonies between the parties on 4-2-76 and then the husband and wife lived together at least till May, 1977

3. The husband's case is that he could not consummate the marriage because of the physical impotency of his wife as her vagina was only 11/2" deep which created structural difficulty in the sexual intercourse.

4. In the lower court, after framing an issue on the point of impotency of the wife, evidence was led by both the parties and on a comprehensive discussion of the entire evidence, the lower court has come to the conclusion that the appellant has failed to prove that non-petitioner Vidyadevi physically Impotent.

5. In this Court, the only submission made by Mr. Mehta appearing for the appellant is that the lower court has committed a serious illegality