- (1.) HEARD counsel for the parties.
(2.) THIS appeal is directed against the judgment and decree dated 5.9.2001 passed in favour of respondent -husband, whereby the petition filed by the appellant -wife under Section 12 of the Hindu Marriage Act, 1955 (Act for short) was dismissed.
(3.) THE case of the appellant was that the marriage between the parties was solemnized on 12.5.1981 in Village Kheri Sangwal, Tehsil Charkhi Dadri, District Bhiwani. No child was born from the wedlock. The appellant alleged that she was 13 years old when she got married and was studying. She had gone to the matrimonial home for the first time in June 1990 and remained there for two days. The respondent was completely incapable of having sexual relation. In the last week of January 1997, she again went to the matrimonial home but the marriage could not be consummated due to impotency of the respondent. In the meantime, the appellant had done her M.Phil and Ph.D and was working as a school teacher. The appellant sought annulment of marriage on that ground. The respondent, on the other hand, admitted the marriage, but totally denied that the same was not consummated. He stated that the fault rather lay with the petitioner who was a haughty woman and proud of her high education. He stated that he had sex with her whenever she remained in the matrimonial home and he was healthy and able -bodied. It may also be mentioned here that the sister of the appellant namely Sushil was married to Dalbir Singh, brother of the respondent.;