[Per : Hon’ble Prafulla C. Pant, J. (Oral)]

This appeal, preferred under Section 19 of the Family Courts Act, 1984, is directed against the judgment and decree dated 21.08.2008, passed by the Judge, Family Court, Haridwar, in Suit No. 57 of 2002 (Old No. 156 of 1997), whereby the petition filed by the petitioner/appellant under Section 13 of the Hindu Marriage Act, 1955, was dismissed.

2. Heard learned counsel for the parties and perused the record.

3. Brief facts of the case giving rise to this appeal are that the petitioner/appellant Rakesh Kumar Bhatia got married to respondent Sudesh on 14.04.1983, at Roorkee, Tehsil and District Haridwar, according to Hindu rites and rituals. There is no issue born out of the wedlock. It is pleaded by the husband (petitioner/appellant) in his petition filed under Section 13 of the Hindu Marriage Act, 1955 for divorce, that in the first night after the marriage the respondent made allegations of impotency against the petitioner/appellant. She went to the extent of making hue and cry and got collected the neighbours in Mohalla Aryanagar, Jwalapur, where she was living with her husband. It is further pleaded by the petitioner/appellant i