Mr. Jaspal Singh, J.: - This appeal has been preferred by the appellant-husband feeling dissatisfied against judgment and decree dated February 15, 2011 passed by District Judge (Family Court), Hisar whereby a petition preferred by the respondent-wife under Section 12 (1) (a) and 13(1) (ia) of the Hindu Marriage Act 1955 (for short “the Act”) as amended upto date, was allowed and a decree of nullity of the marriage as well as for divorce was passed.

2. Briefly stated the facts contained in the petition are that the marriage of the parties was solemnized on July 5, 1991 at village Niyana, Hisar as per Hindu Rites and Ceremonies when the respondent-wife was only seven years of age. Muklawa ceremony was performed on May 7, 2000 and the respondent-wife started living with the appellant-husband at village Sisai, Tehsil Hansi, District Hisar as his legally wedded wife. It has been unfolded by the respondent-wife that the very first night of the matrimonial life after the muklawa ceremony, the appellant-husband failed to consummate the marriage with her owing to his impotence. He failed to have sexual intercourse with her despite all best co-operation provided by her to the appellant-husband for establishing sexual relations. When the appellant-husband was accosted in this regard, he disclosed that he has been getting treatment and would be cured within a short span of time. She stayed with the appellant-husband for a period of 1 ½ years. Though she made efforts on various occasions to establish the sexual relation with the appellant-husband but he could not succeed. It was only thereafter this fact was disclosed by her to her mother and ultimately the matter was brought to the notice of parents of the appellant-husband. The factum of impotency of the appellant-husband was not disclosed prior to the marriage or the muklawa ceremony either by the appellant-husband or his parents and a fraud has been played by them with her in this regard. The main object of the marriage could not be fulfilled due to the non consummation of marriage due to the impotency of the respondent. It has further been submitted by the respondent-wife that she preferred a petition under Section 12 (1) (a) of the Act for annulment of marriage on the ground of impotency of the appellant-husband on April 29, 2006 but it was withdrawn on August 7, 2007 on the assurance of the appellant-husband and his family members that he would be cured with the help of medicines as they have consulted some prominent sexologist and thereafter, the appellant-husband took her to the matrimonial home on August 23, 2007. The appellant-husband started taking some medicine for his treatment. Even she also proceeded on leave in the month of September, October and November, 2007 and gave full co-operation to the appellant-husband to consummate the marriage by having sexual intercourse but he failed as he could not be cured even with medicine. Seeing no hope, she asked the appellant-husband and his family members as to why they have ruined her life by making false assurance, to which, they parried that their object was only to get the withdrawal of the petition preferred by her for declaring the marriage null and void which they have achieved. Thereafter, the appellant-husband and his family members also compelled her to bring Rs. 50,000/- or a motorcycle from her parents as she is unable to leave this house any more due to the withdrawal of the petition. On December 10, 2007, when she was on leave from December 4, 2007 to December 13, 2007, the appellant-husband and his family members pressurized her to bring a motorcycle from her parents and to hand over all her savings. When she showed her inability to meet these illegal demands, she was mercilessly beaten and thrashed by them and ultimately, she was thrown out of the matrimonial home. Since then, she is living with her parents. On March 25, 2008, she accompanied by her father and brother visited the appellant-husband and his par