V.M.Jain, J.

1. This appeal has been filed by the wife against the judgment and decree dated 4.1.1995 passed by the Additional District Judge, Sirsa, whereby the petition filed by the husband seeking the declaration about the marriage between the parties as a nullity was allowed and the marriage was declared null and void.

2. The facts in brief are that Harish Kumar husband had filed a petition under Section 11 read with Section 5(i) of the Hindu Marriage Act, 1955 (hereinafter to be referred as the Act) against his wife Smt. Santesh Kumari as respondent No. 1, and one Subhash as respondent No. 2 seeking a decree for declaring the marriage between them as a nullity. In the said petition, it was alleged by the husband that the marriage was solemnised on 28.1.1993 and that after the marriage, they lived together as husband and wife and cohabited but no child was born out of this wedlock. It was alleged that on the date of solemnisation of the said marriage, Smt. Santosh Kumari (wife) had a living spouse, inasmuch as respondent No. 2 Subhash was still alive and the marriage between them had not been dissolved in any manner and this fact was admitted by her in the civil suit de