1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Family Court Appeal No.80 of 2008 With Civil Application No.188 of 2008 Mrs.Vaishali A. Awate Appellant Vs. Mr.Anil B. Awate Respondent Mr.V.B.Tapkir for appellant. Mr.Rajesh More for respondent. CORAM: B.H.MARLAPALLE & D.B.BHOSALE,JJ. July 29, 2008 P.C. 1. Heard Mr.Tapkir, the learned counsel for the appellant and Mr.Rajesh More for the respondent - husband. Deposition copies along with other documents and pleadings placed before the Family Court have been placed before us by Mr.Tapkir as we had indicated on the earlier date that this appeal could be decided at the admission stage, more so when the decree of divorce has been granted and the marriage has been annulled under Section 12(1)(d) of the Hindu Marriage Act, 1955. 2. With the assistance of Mr.Tapkir we have gone through the evidence of the appellant - wife herself. In her cross-examination she admitted in clear terms 2 that at the time of her marriage with the respondent, she was pregnant and that the respondent was not aware of the same. She further admitted that prior to the marriage or even after the marriage she was never pregnant from the petitioner and the physical relations between her and the husband took place on 1/2/2007 for the first time. The marriage between the parties had taken place on 28/1/2007. The evidence of the appellant - wife clearly goes to show that on the date of marriage she was pregnant from some other person than the present respondent and, therefore, the decree passed by the Family Court annulling the marriage under Section 12(1)(d) of the Hindu Marriage Act cannot be faulted with. 3. This appeal, therefore, fails at the threshold and the same is hereby dismissed in limine. 4. Civil Application does not survive and the same stands disposed. 5. We note down the undertaking of Mr.More on taking instructions from the respondent - husband who is present before the Court, that all the articles given to the appellant - wife during the wedding 3 ceremony or thereafter, shall be returned to her within one week from today. Mr.Tapkir states that the appellant - wife or her relations will visit the office of Mr.More at Pune and collect these articles. Inventory be drawn and copy of the same be placed on record with the Family Court at Pune. (D.B.BHOSALE,J.) (B.H.MARLAPALLE,J.)