R.P.SETHI, J.

1. Alleging her to be impotent the respondent-husband filed a petition and obtained a decree for annulment of the marriage against the appellant-wife. Her appeal filed in this Court was dismissed as having become infructuous on the ground of the respondent-husband solemnising the second marriage after obtaining the degree. Vide judgement impugned in this appeal, the learned single Judge relying upon the earlier judgment of this Court entitled Promod Sharma V/s. Smt. Radha, AIR 1976 Punj and Har 355 ; Karam Singh V/s. Smt. Amro, (1970) 72 Pun LR 503 and Smt. Lalita Gupta V/s. Parveen Kumar Mahajan, 1991 (1) 99 Pun LR 638 held that provisions of Sec. 15 of the Hindu Marriage Act, 1955 (for short the Act) were not applicable in the case where the marriage has been dissolved by a decree of annulment and that if the other party solemnises the second marriage, his or her appeal would be deemed to have become infructuous.

2. The facts giving rise to the filing of the present appeal are that the marriage between the parties was solemnised at Ludhiana on 26-2-1976. The husband allege that on the very first night of the marriage he discovered that the appellant-wife was