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Annulment case

Page no : 2

PQR (S)     23 April 2012, no, I am not trying to create any confusion here, just wanted clarification on things. Thanks

Anjuru Chandra Sekhar (Advocate )     23 April 2012

When husband is impotent as regards his wife only, decree for nullity can be granted H. v. H., AIR 1928 Bom 279 (Q); Wilson v. Wilson, AIR 1931 Lah 245 (R); AIR 1943 Nag 185 (L); (Attempt to consummate, reducing wife to state of hysteria, making consummation impossible). See also Section v. B. 16 Bom 639 (S):


No presumption can be drawn from the fact that the wife was unwilling to live with husband that she was impotent; Emmanuel Singh v. Kamal Saraswati, AIR 1934 Pat 870 (1) (FB) (T).


"Psychial* 1. Absence of voluptuous thoughts. 2. 'Repugnance' towards individuals, 'fear', 'timidity', 'excessive passion'. (For this reason, a man may be potent towards one woman and impotent towards another.



Madras High Court
T. Rangaswami vs T. Aravindammal on 10 August, 1956
Equivalent citations: AIR 1957 Mad 243
Author: Ramaswami
Bench: Ramaswami

Shantanu Wavhal (Worker)     25 April 2012

the husband should not admit his impotency, just to seek divorce.

PQR (S)     25 April 2012

Is it necessary for husband and wife to be present personally in the court at the time of filing petition for marriage  annulment or on subsequent hearings (if any) ?


After the wife files the petition, I think, the court will send a notice to husband. Once the husband admits his impotency in his reply, how much time will the court take to finally annul the marriage?


There are procedures to be followed by the court.It is the discretion of the court, and the conclusion will depend mainly on the merits of the case.

PQR (S)     26 April 2012

@sainath....thanks for your reply. Also, please give a rough estimate of the expenses ( govt. and lawyer's) incurred for this annulment case .


Thanks again


I cannot estimate the expenses.

PQR (S)     09 May 2012

I have more more question.


A the time of passing the marriage annulment order due to non-consummation of marriage, can the court order the husband to pay any maintenance/alimony to the wife ?


I mean is there any concept of maintenance/alimony in annulment cases? Or is this concept only meant for divorce cases?



PQR (S)     10 May 2012

Urgent reply for my query would be appreciated. Thanks.

Amit (NA)     10 May 2012

As afar as maintenance under S.125 is concerned.
a divorced woman is considered a wife until she remarries.
If a voidable marriage is annulled then the woman is no longer a wife since nullity of marriage is equivalent to marriage having never happened.
So in the annulment cases, husband need not pay maintenance.
Please refer to:

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