( 1 ) THIS appeal is directed against judgment and decree dated 8th April 1982 of an Additional District Judge (Miss Usha Mehra), whereby she declared the marriage solemnised between the parties on 7th April 1975 in accordance with Hindu rites and ceremonies (Anand Karaj) as null and void and granted a decree of nullity of marriage in favour of the respondent wife.

( 2 ) THE undisputed facts of this case are that the marriage between the appellant and the respondent was solemnised in accordance with Hindu rites and ceremonies (Anand Karaj) on 7th April 1975 at Sant Nagar, New Delhi. The parties lived together as husband and wife uptil 26th April 1977. There is no issue out of the wedlock although the respondent conceived from the appellant twice or thrice but there was abortion every time. On 19th November 1979 the respondent made a petition under Section 11 of the Hindu Marriage Act (hereinafter referred to as the Act) for a declaration that the marriage between the parties was null and void inasmuch as the appellant had a living spouse at the time of their marriage. It was averred that at the time of their marriage the appellant had represented that his earlier mar