Honble SHARMA, J.–In this appeal, the wife is the appellant. She has assailed the decree of nullity dated September 17, 1994 of the learned Judge Family Court Ajmer whereby the petition filed by the respondent husband under Section 12 of the Hindu Marriage Act, 1955 (for short, "Act") was allowed and marriage between the two was annulled on the ground that it had not been consummated owing to the impotence of the wife.

(2). The respondent husband in the petition sought relief to declare the marriage of respondent with the appellant, a nullity. It was averred in the petition that the marriage of the two had taken place on March 6, 1992 as per Hindu rites at Ajmer. After the marriage there was no marital and physical relationship between the two. Inspite of efforts of respondent the appellant did not cooperate right from the first night of the marriage. Due to this indifference attitude of the appellant, the respondent was living a life of tension which had affected his family and social status. On the first night of marriage the appellant told respondent that she did not want to enter into marriage. She was grown in such an atmosphere that the institution of marriage was fake for her

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