IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.359 of 2010 SHASHI KANT PRABHAKAR Versus JAGRITI KUMARI ----------- 3 27-7-2010 Heard learned counsel for the appellant and perused the judgment and order under appeal whereby the learned Principal Judge, Family Court, Aurangabad has allowed Matrimonial Suit No. 78 of 2007 by order under appeal dated 3rd. April, 2007 . As a result of the impugned judgment and orders the prayer of the respondent who is wife of the appellant for dissolution of marriage under section 13 of the Hindu Marriage Act has been allowed. 2. It appears that the marriage was solemnized on 14-10-2006 within the district of Aurangabad and there has been no child out of the said marriage. The wife filed the matrimonial suit for dissolution of marriage on the ground that the appellant admitted that he is impotent and under going treatment and on the ground of cruelty. 3. On the vital issue of impotency the discussion is in paragraph-19 of the judgment under appeal. From the contents of a letter dated 13-3-2007 the court has found that husband has admitted impotency as corroborated by evidence of the applicant who examined herself as A.W.2. The court considered the report of a doctor of P.M.C.H. according to which the appellant was found not suffering from impotency but this was contrary to a report by a team of doctors at Aurangabad . Hence, the court opined that may be the appellant got cured at a later stage of time. The court has further noted that so far as the statement made by the applicant’s witnesses on the point of 2 impotency and cruelty are concerned there was no cross-examination by the opposite party. Thus, the issue was decided against the appellant. 4. The issue of cruelty was decided as issue no.4. In paragraph-23 of the judgment under appeal, the learned Principal Judge has concluded on the basis of materials on record that the husband made allegation of illicit relationship between his father and mother of his wife which led to an enquiry by Aurangabad Town Police and on enquiry the allegation was found false. The court further noticed that there is allegation of torturing the wife physically as well as mentally which have also not been refuted and there is no cross-examination on those points. 5. Paragraph-24 of the judgment under appeal shows that the court tried to persuade the wife to maintain the matrimonial bond but she could not agree and her reply was that she would prefer to die than to live with the appellant as his wife. 6. Considering the entire facts and circumstances, we are of the considered view that there is no merit in this appeal and hence it is dismissed summarily without notice to the respondent-wife. There shall be no order as to costs. Naresh ( Shiva Kirti Singh, J.) ( B. P.Verma, J)