no nuptial ceremony has been arranged and the marriage itself is not consummated. When such is the case, the wife raising objection regarding the potentiality of the husband do not arise. As the husband had postponed the nuptial, she apprehends that he is impotent. The Court has come to the conclusion that the said allegation is without any proof and it cannot be said that the husband is impotent. The Court has further observed that even during the course of crossexamination, they have tried to elicit from the mouth of the respondent that marriage of husband's elder uncle's son and his father's sister has been dissolved due to impotency. The Court observed that the same cannot be applied to the husband merely because marriage of some of the relative of the husband was dissolved because of impotency. The Court has considered the medical certificate-Ex.R12 issued by the C.G.Hospital at Davangere, which discloses that there is no evidence of husband being unable to perform sexual intercourse. Therefore, the husband cannot be directed to undergo medical examination to prove his potency. The Court also observed that respondent-husband has filed M.C.No.4/12019 before the Senior Civil Judge Court, Channagiri, seeking restitution of conjugal rights and the same
