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2013 Supreme(P&H) 1468

AJAY KUMAR MITTAL, JASPAL SINGH
Anil Kumar – Appellant
Versus
Raj Bala – Respondent


Advocates:
For the Appellant:Mr. Suresh Ahalawat, Advocate.
For the Respondents:Mr. S.N. Pillania, Advocate.

JUDGMENT

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 appell


































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