( 1 ) THIS is an appeal under Section 28 of the Hindu Marriage Act against a decree of nullity by the District Judge, Chhindwara.

( 2 ) THE appellant Smt. Shewanti and the respondent Bhaurao were married sometime in 1963. They lived together till 1967. On February 1, 1968, the husband made an application under Section 12 (1) (a) of the Hindu Marriage Act that the wife was impotent at the time of the marriage and continued to be so until the institution of the proceeding. The wife denied the alleged impotency. The only witness examined in the case was Dr. (Miss) Philip, who had examined the wife. According to her statement, Shewanti was suffering from sterility and amenorrhoea. i. e. no menstruation. She said that although she had given the necessary operative and medical treatment to Shewanti, there was no sign of menstruation. For further investigation, laparotomy was performed, which showed that the uterus was normal, but the right tube and ovary were small and flat and the left tube and ovary were rudimentary, i. e. very small just like a streak. No ovarium tissue was present on the left side. On this data, the opinion of the lady doctor was that Shewanti was sterile,