Civil Procedure Code, 1908
Order 12 Rule 6—Judgment on admission—When can be passed—If the admission can be ascertained from any material on record, if not from written statement before the Court, the judgment on admission can be passed.
[Para 17]
Order 12 Rule 6—Judgment on admission—Exercise of power—Relief in terms of Order 12 Rule 6 of the CPC is discretionary and powers are to be exercised with care and caution.
[Para 18]
Family Courts Act, 1984
Section 19—Appeal—Maintainability of—Order of the Family Court refusing to pass judgment on admission under Order 12 Rule 6 of the CPC would amount to judgment and same can be appealed under Section 19 of the Family Court Act, since such order finally takes away the valuable right of the parties—Appeal is maintainable.
[Paras 9 & 10]
Hindu Marriage Act, 1955
Section 12(1)(a)—Annulment of marriage—Relative impotency—Appeal against order passed by the Family Court refusing to pass judgment on admission—Expression ‘Relative Impotency’ is known phenomena which is different than the normal impotency in which consummation of marriage become practically impossible i.e. inability to copulate—Various causes are identified for such contentions which may be physical or mental—If the husband abstains or fails to have intercourse with his wife, the inference of the incapacity can be drawn—There are instances recognized under various judicial pronouncements where invincible and persistent repugnance in consummation of the marriage is held to be the impotency—Pleadings in the written statement coupled with reply submitted by the appellant-husband to the application is sufficient to bring home case of the respondent-wife regarding relative impotency of appellant-husband—Case is made out to set aside the impugned order and pass decree of annulment of marriage/nullity of marriage under Section 12(1)(a) of the Hindu Marriage Act—Appeal allowed.
[Para 13]
Section 12(1)(a)—Annulment of marriage—Relative impotency—Appeal against order passed by the Family Court refusing to pass judgment on admission—If the admission can be ascertained from any material on record, if not from written statement before the court, the judgment on admission can be passed—Combine reading of written statement and reply filed on behalf of appellant-husband, the admission of relative impotency qua respondent-wife can be gathered—Case is made out to set aside the impugned order and pass decree of annulment of marriage/nullity of marriage under Section 12(1)(a) of the 1955 Act—Appeal allowed.
[Paras 11 to 18]