JUDGMENT

OZA, J. :— This appeal after leave has been filed by the appellant wife arising out of a decree under S. 12(1)(d) of the Hindu Marriage Act (hereinafter referred to as the Act), a decree declaring the marriage a nullity.

2. The respondent husband instituted a petition on 7th March, 1984 for a declaration that the marriage of the respondent with the appellant wife was a nullity under sub-sec. (1), sub-clause (d) of S. 12 of the Act on the ground that appellant, the wife at the time of marriage with the respondent was pregnant by some one other than the respondent. The appellant wife contested the allegations and ultimately the IIIrd Joint Civil Judge, Senior Division Nagpur granted a decree in favour of the respondent by his judgment dated 3rd May, 1985 declaring the marriage to be a nullity.

3. The appellant wife filed a regular Civil Appeal No. 436 of 1985 on 19-7-1985 before the IInd Additional District Judge, Nagpur. Before this appeal could be filed, the respondent husband married one Miss Sarita daughter of Laxmanrao Modak on 27-6-1985, and in the appeal filed by the appellant, the respondent raised a preliminary objection contending that after passing of the judgment a