KAN SINGH, J.—This is a wifes appeal and is directed against the judgment and decree of the learned District Judge, Jaipur District annulling her marriage under sec. 12 of the Hindu Marriage Act, 1955, hereinafter to be referred as the "Act", on the ground of wifes impotency and her consequent in capacity to consummate the marriage.

2. Smt. Laxmi Devi, the wife, and Babulal, the husband, were married according to Hindu rites on 17-2-67. According to the husband, appellant Smt. Laxmi Devi had no vagina and was thus impotent at the time of the marriage and continued to be so till the present proceedings for annulment under sec. 12 of the Act were instituted on 3-7-69. The husband relied on a certificate Ex. 1 given by one Dr. E. Peters (D.W. 3) who examined the wife on 6-1-68 and found that the wife had no vagina.

3. The wife resisted the application. She denied that she was impotent. According to her, she had a vagina and after the marriage she had been sleeping with her husband and the marriage had been duly consummated. She proceeded to say that she had been ill-treated by her husband and his people and was turned out of the home after being releaved of the ornaments given to her by

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