Impotent, Impotency, a party is impotent if his or her mental or physical condition makes cons-ummation of the marriage a practical impossibility. The condition must be one, according to the statute, which existed at the time of the marriage and continued to be so until the institution of the pro-ceedings. Impotency means incapacity to consum-mate the marriage and not merely incapacity for procreation (Indian Divorce Act, s. 19). In order to entitle the appellant to obtain a decree of nullity, as prayed for by him, he will have to establish that his wife, was impotent at the time of the marriage and continued to be so until the institution of the proceedings, Digvijay Singhji v. Pratap Kumari, (1969) 2 SCC 279: AIR 1970 SC 137 (138). [Hindu Marriage Act, 1955, s. 12(1) (a)]
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