Veena Birbal, J.—Present is an appeal under Section 28 of the Hindu Marriage Act (hereinafter referred to as ‘the HMA’) filed by the appellant/husband against the impugned judgment/decree dated 9th September, 2002 by which the petition of the respondent/wife under Section 12(1)(a) of the HMA has been decreed and the marriage between the parties has been annulled by a decree of nullity on the ground of impotency of the appellant/husband.

2. Briefly the facts relevant for the disposal of the appeal are as under:

The marriage between the parties was solemnized on 11th February, 1997 at Delhi according to Hindu rites and ceremonies. At the time of marriage, respondent/wife was 23 years of age and appellant/husband was 34 years of age. Respondent/wife had alleged that her marriage was not consummated due to impotency of the appellant/husband. It was alleged that on the first night of marriage, respondent/wife fully cooperate with appellant but because of feeble erection in the male organ he could not consummate the marriage. Thereupon, appellant/husband started saying that he was feeling tired and then parties went to sleep. In the morning, the respondent/wife enquired from hi