one of my known got married 5 years back. But the marriage could not be consumed till date due to the impotency of the husband. The husband willfully kept on making some excuses to his wife - my relative - who believed on him and did not divulge this information to her family. In the initial days of the marriage, the parents of the girl had enquired from her as are the normal worries of the parents but the girl did not divulge the truth, thinking that everything will become normal. The enquiries from the parents subsided but the truth surfaced when there was no pregnancy and then the girl informed to her parents that he marriage had not been consumated till date.
My query is: can the section 12,of Hindu marriage act, subsection (i) can be applied to this case under the clause (a) and the marriage be declared voidable and be annulled? Does the restriction of time period as has been described for clause (c) in the same section applicable here also? Please reply me at the earliest.
Thanks in anticipation