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Report No. 59

6.3. Section 12(1)(a)-Impotence as a ground of avoidance.-

In regard to voidable marriage, there is one matter in respect of which reform is urgently required. That relates to the case where a person is not impotent at the time of the marriage, but is found to be so when the marriage is, for the first time, attempted to be consummated1. It cannot be disputed that such cases should be covered because, on the words of section, the petitioner's claim can be met technically on the ground that the impotence supervened after the marriage. Section 12(1)(a) of the Hindu Marriage Act, which makes the marriage voidable on the ground of impotence "at the time of marriage", should be revised so as to cover such cases. We think that the following re-draft would be simple, and achieve the object:

"the marriage has not been consummated owing to the impotence of the respondent."

1. Ravanna v. Susheelamma, AIR 1967 Mys 165.

Hindu Marriage Act, 1955 and Special Marriage Act, 1954 Back

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