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2000 Supreme(All) 753

IKRAM-UL-BARI, A.A.DESAI
VINAY KUMAR RASTOGI – Appellant
Versus
NANDITA RASTOGI – Respondent


Advocates Appeared:
B.C.Gupta, S.K.Mehrotra,

IKRAM-UL-BARI, J.

In this appeal judgment and order dated 14-1-93 passed by Principal Judge, Family Court, Luck-now is under challenge.

2. By judgment and order under ap peal the marriage of the appellant with the respondent was annulled on the ground that the respondent is impotent and not able to consummate the marriage.

3. From reading of the judgment under appeal it is gathered that the mar riage between the parties had taken place on 23-2-90. The wife, the respondent had lived with the appellant for quite some time. The appellant during that period did not share the bed with the respondent and refused to cohabit with her on one or the other pretext. The marriage could not be consummated. The appellant admitted the fact of his impotence before the respon dent and her brother-in-law and her sister. The respondent to this appeal moved an application under Section 24 of the Hindu Marriage Act for alimony and litigation expenses and the litigation expenses of Rs. 500 are deposited the execution of order dated 19-2-92 passed by the Family Court shall remain stayed. The Honble Court had also directed that the petitioner may be represented through his attorney. Till 2-12-92 neither in










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