The division bench of Apex Court held as follows regarding how to prove non-consummation of marriage under Hindu Marriage Act 1955.
A party is impotent if his or her mental or physical condition makes consummation of the marriage a practical impossibility. The condition must be one, according to the statute, which existed at the time of the marriage and continued to be so until the institution of the proceedings. In order to entitle the appellant to obtain a decree of nullity, as prayed for by him, he will have to establish that his wife, the respondent, was impotent at the time of the marriage and continued to be so until the institution of the proceedings.
Citations : [1970 AIR SC 137], [1969 SCC 2 279], [1970 SCR 1 559], [1970 AIR SC 1373]
Other Sources :
https://indiankanoon.org/doc/1514023/
https://www.casemine.com/judgement/in/5609ab60e4b014971140c4a5
The UK case law is here.
The Index is here.
Post Views: 464
Shades of Knife
Disclaimer:
The materials provided herein are solely for information purposes. No attorney-client relationship is created when you access or use the site or the materials. The information presented on this site does not constitute legal or professional advice and should not be relied upon for such purposes or used as a substitute for legal advice from an attorney licensed in your state.
Judgments curated, reproduced from sci.gov.in, judis.nic.in, lobis.nic.in, indiacode.nic.in and other similar Indian High Court and District Court Websites such as ecourts.gov.in, dcourts.gov.in or any other Government websites such as Gazettes and repositories of Government Orders and Commented in accordance with Section 52(1)(q) of the Copyright Act 1957 (India) and any other applicable public disclosure laws/provisions in India and in various other countries.
I neither have control to remove copies of this document(s) that may be available on websites of High Courts or Supreme Court of India or any of the many other sites, law journal or reporters which carry the same judgment in entire form, nor I can remove references/links to this document(s) from the results of Search Engines such as Google.com.
Read more gyan here.
Though, I can mask/redact content (like names of parties from cause title) from the Judgments posted on my site, on request for any parties to a case, even though, I am not legally obligated to do so, except for express direction from a Competent Court.
Om Shanthi !!!
Oh, by the way, my competent Legal team delivers time-bound legal reliefs to victims of false family and matrimonial cases at
We are on social media too.
Just google for: Anagha Legal Reliefs
