Impotency can be physical or mental. Physical impotency refers to structural defects in the organs where as mental impotency refers to psychological repugnance to the sexual act. If impotency is curable either by treatment or by surgical operation and the respondent is willing for such operation or treatment it would not amount to impotency Rajinder v. Shanti, AIR 1978 P&H 181.
For a decree of nullity on die ground of impotency of the husband it should be shown that the marriage is not consummated. When the wife admittedly became pregnant once during the marriage, the above mentioned condition is not satisfied and so she cannot be granted a decree of nullity of marriage.
Nighawan v. Nighawan, 1973 Del. 200. If the wife had no vagina at-all, though by surgical treatment an artificial vagina was formed, the husband is entitled to a decree for nullity: Laxmi Devi v. Babulal, AIR 1973 Raj. 89. A decree of nullity may be granted even after the demise of the respondent. Tulsan Devi v. Krishni Devi, AIR 1973 P&H 442. This is because such a decree would enable the children under s. 16 to acquire the status of legitimate children.
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The fact that the wife’s uterus was removed before marriage does not furnish, cause for annulment on the ground of wife’s impotency. Samar Sam v. Sadhana, AIR 1975 Cal. 413.
If the marriage is not consummated owing to nervousness and hysteria of the respondent it amounts to mental repugnance. It may be with reference to the petitioner only.
Barrenness and Sterility cannot be equated with impotency if there is consummation of the marriage, i.e., normal sexual intercourse Shewanti v. Bhaura, AIR 1971 MP 168. Marriage with an eunuch can be equated with marriage with impotent person. Parmaswami v. Somathammal, AIR 1969 Mad. 124.