( 1 ) THIS is a wife's appeal under Section 28 of the Hindu Marriage Act, 1955.

( 2 ) THE appellant applied for a declaration that her marriage with the respondent was a nullity as the respondent was already married to one Sanoti, who was living at the time the respondent married the appellant. In the alternative, it was prayed that a decree for divorce be passed against the respondent on the ground that he was living in adultery. These grounds were negatived by the trial Court and the application of the wife was dismissed,

( 3 ) LEARNED Counsel for the appellant has raised before us both the grounds and has argued that either a decree of nullity be passed in favour of the appellant or the marriage be dissolved by a decree of divorce.

( 4 ) WE shall first take up the point regarding the respondent living in adultery. On this point, the appellant examined Kotia (P. W. 2 ). He stated that in a Barat the respondent was found committing sexual intercourse with two women, namely, sahbin and Karsula. The incident gave rise to a Panchayat in which the two women were fined Rs. 51/- each and the respondent was fined Rs. 101/ -. He also stated that the respondent was again caught wi