{1} ca1217510.odt IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO.12175 OF 2010 IN FAMILY COURT APPEAL NO.22 OF 2010 Pooja @ Priti w/o Shivaji Gajre Applicant Versus Shivaji s/o Ratnakar Gajre Respondent Mr.B.N.Magar, advocate holding for Mr.J.V.Deshpande, advocate for the applicant. Mr. Ram Deshpande, advocate for the Respondent. CORAM : D.B.BHOSALE AND R.M.BORDE, JJ. DATE : 04 th February, 2011 PER COURT: 1 By this Civil Application, the applicant has prayed for stay of the judgment, impugned in the Family Court Appeal. 2 The appeal has already been admitted. The appeal is directed against a decree of nullity under Section 12 (i)(d) of the Hindu Marriage Act, 1955. 3 Learned Counsel for the Respondent has invited our attention to the impugned judgment and more particularly, paragraphs 47 to 51 thereof and submitted that there is sufficient material on record to sustain the decree of nullity under Section 12(i)(d) of the Hindu Marriage Act, 1955. 4 We have perused the judgment and the paragraphs to {2} ca1217510.odt which our attention is specifically invited. In these paragraphs, the learned Judge has considered evidence of P.W.4 – Dr.Mundada and the certificate issued by her at Exhibit-32. It is clear from the findings recorded by the Family Court that initially she admitted the contents of the certificate and then denied the same stating that she never gave any treatment to the applicant – wife. The respondent – husband placed heavy reliance on this piece of evidence, in support of his case and the Family Court also, apart from the other evidence on record, placed reliance on this evidence for passing the decree. 5 In the circumstances, we are inclined to confirm the ad interim order passed by this Court on 03.09.2010. Order accordingly. 6 Civil Application is disposed of. R.M.BORDE D.B.BHOSALE JUDGE JUDGE adb/ca1217510