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Impotency explained - is a ground for nullity of Marriage - S.12(1)(a)

Impotency explained - is a ground for nullity of Marriage - S.12(1)(a)

Yuvraj Digvijay Sinhji vs Yuvrani Pratap Kumari

Supreme Court

02/05/1969

AIR 1970 SC 137; (1969) 2 SCC 279; 1970 SCR (1) 559

About/from the judgment:

Impotency explained - is a ground for nullity of Marriage - S.12(1)(a).

 

A party is impotent if his or her mental or physical condition makes consummation of the marriage a pratical impossibility.In order to entitle the appellant to obtain a decree of nullity he will have to establish that his wife was impotent at the time of marriage and continued to be so until the institution of the proceedings. The trail court's in this case held on evidence, that this was not established.

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