JUDGMENT

Mr. Rakesh Kumar Jain, J. (Oral):- This appeal is directed against the order dated 2.5.2016 by which the learned trial Court has allowed the petition filed under Section 11 of the Hindu Marriage Act, 1955 (for short ‘the Act’) for declaration of the marriage of the parties to be null and void by a decree of nullity.

2. In brief, parties to the lis got married on 15.10.2007 as per Hindu rites at Jalandhar. The respondent-husband had initially filed a petition under Section 13 of the Act for seeking dissolution of marriage by a decree of divorce in which status of the appellant-wife was mentioned as Hindu divorcee. The said petition was ultimately withdrawn on 19.9.2013. Thereafter, the respondent had filed an application under Section 9 of the Act for seeking restitution of conjugal rights in which the appellant while appearing as RW1 on 1.4.2014 stated that the she had obtained divorce by way of “Panchayati Talaknama”. The said petition was however, withdrawn by the respondent. Thereafter, the respondent filed a petition under Section 11 of the Act for declaration of their marriage as null and void on the ground that the decree of divorce has not been obtained from the comp