JUDGMENT :

Vivek Kumar Birla, J.

Heard Sri Pratik Nagar, learned counsel appearing for the appellant in First Appeal No. 51 of 2012 (Smt. Bhavna Sharma vs. Sri Sanjeev Sharma) arising out of Original Suit No. 1168 of 2008 filed under Section 12 of the Hindu Marriage Act, 1955 (hereinafter referred as the Act), for declaring the marriage as void on the ground of impotency of the defendant-respondent, who also appears for the defendant-respondent in the connected appeal and Sri Anurag Pathak, learned counsel for the appellant-plaintiff in the connected First Appeal No. 178 of 2012 (Sri Sanjeev Sharma Vs Smt. Bhavna Sharma) arising out of the Original Suit No. 88 of 2009 filed under Section 9 of the Act for restitution of conjugal rights, who also appears for the defendant-respondent in the leading appeal.

2. Both the original suits were consolidated and were dismissed by the lower court by a common judgment.

3. With the consent of parties First Appeal No. 51 of 2012 is taken as the leading appeal.

4. The marriage between the parties had taken place on 30.11.2007. An Original Suit No. 1168 of 2008 under Section 12 of the Act was filed by the wife on 22.11.2008, i.e. within one year of the