Mr. Rajesh Bindal J.:- Challenge in the present appeal is to the judgment of the learned court below whereby petition filed by the respondent-husband under Section 11 of the Hindu Marriage Act, 1955 (for short, “the Act”) for declaring their marriage null and void, was allowed.

2. Briefly the facts of the case are that the marriage of the parties was solemnised as per Sikh rites in the year 1998 at Goraya Tehsil Phillaur, District Jalandhar. The marriage was consummated but no child was born out of wedlock. It was alleged that after some time of the marriage, the respondent started harassing and beating the appellant and treated her with cruelty. The respondent husband is presently living in Italy. The respondent filed a petition under Section 11 of the Act. The appellant filed reply to the petition. The learned court below after considering the evidence on record, allowed the petition filed by the respondent-husband for declaring the marriage null and void vide judgment dated 8.5.2009. Aggrieved against the judgment of the learned court below, the appellant-wife filed appeal before this court.

3. During the pendency of the appeal, the wife filed application under Section 2