( 1 ) THIS is an appeal by the petitioner (petitioner in Misc. Application No. 12 of 1985 on the file of the Principal Civil Judge, Dharwar) against the order dated 25-7-1986 passed by the Civil Judge, Dharwar, in Misc. Application No. 12 of 1985 dismissing the same as not maintainable.

( 2 ) THE parties have been referred to with reference to their position in the trial Court.

( 3 ) THE applicant Iravva is the wife of the deceased Gurupadappa Siddalingappa Angadi. They were married in the year 1948. The applicant was living with her husband but she did not bear any children. Since she did not bear any children, her husband wanted to marry another woman. The applicant did not give her consent to the second marriage. Notwithstanding it, her husband illegally married another woman and brought her to his house and the so-called second wife also deserted him and went away. Thereafter he brought another woman. The applicant's husband thought that the applicant might take some action against him. So by practising fraud on the applicant and the Court, he had obtained an ex parte decree for divorce against the applicant in L. C. No. 32/1967. The applicant was not aware of