These two appeals raise common questions of law and facts and we propose to decide them by one common judgment.

The appellant husband filed a petition before the District Judge Srinagar for restitution of conjugal rights and subsequently a petition was filed by the respondent wife for anulling the marriage of the respondent with the appellant on the ground that he was impotent at the time of their marriage and continued to be so at the time when the petition was filed. The two suits were consolidated by the District Judge Srinagar and by his judgment dated 7-9-1964, he has allowed the petition of the wife for declaring the marriage a nullity and rejected the petition of the appellant husband for restitution of conjugal rights.

The case of the respondent wife before the court below was that the parties were married on 14-8-1957 according to Hindu rites at Srinagar. Soon after the marriage the husband resided with the wife in Srinagar for about a month. Thereafter they lived for about two weeks in Dharmsalla and for about a week in Allahabad During this time the appellant husband did not have sexual intercourse with the wife as he was impotent. It was alleged by the wife Rupa