Hindu Marriage Act, 1955–Sec. 13(1)(ia)–Divorce petition with the ground that the marriage between the parties have not been consummated because of appellant-husband’s impotency–Appellant-husband filed the application u/s. 45 of Evidence Act to subject himself under the potential test–Allowed–High Court set aside the order in revision–Justification–High Court has not assigned any cogent reasons as to why the appellant-husband cannot be sent for potentiality test–High Court focused on the conduct of parties which was not at all germane for deciding the issue as to validity of the order passed by the Trial Court–Appellant is willing to undergo the potentiality test–Impugned order passed by the High Court is liable to be set aside.


