JUDGMENT - H.D. PATEL, J.:---The respondent-husband instituted original petition on 7th March, 1984 for declaration that the marriage with the appellant-wife was a nullity under sub-section (1)(d) of section 12 of the Hindu Marriage Act (hereinafter referred to as "the Act") on the ground that the appellant-wife was at the time of marriage pregnant by some person other than the respondent-husband. The appellant-wife contested the proceedings, but eventually the petition filed by the respondent-husband was allowed by the IIIrd Joint Civil Judge, (Senior Division), Nagpur, who by his judgment and decree dated 3-5-1986 declared the marriage between the parties as null and void. The appellant feeling aggrieved by the judgment and decree filed Regular Civil Appeal No. 436 of 1985 on 19th July, 1985 before the IInd Additional District Judge, Nagpur. Before the appeal could be filed the respondent-husband married one Miss Sarita daughter of Laxmanrao Modak on 27th June, 1985. The respondent-husband raised a preliminary objection (Exh. 9) in the appeal preferred by the appellant-wife contending that after passing of the judgment and decree dated 3rd May, 1985 by the trial Court, he married

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