JUDGMENT

1. The present appeal is directed against the judgment and decree passed in O.S.No.7443/1996 on the file of Additional City Civil Judge, Bengaluru (CCH-10) dtd. 11/2/2008.

2. Parties are referred to as plaintiff and defendants for the sake of convenience as per their original ranking before the Trial court.

3. Plaintiff is the first wife of deceased H.N. Krishnamurthy, who was working as an employee in the office of Advocate General. Plaintiff claims that her marriage took place at Kaduru, Chikkamagaluru District on 13/5/1985. They lead a happy married life for some time and thereafter an account of differences, a petition for divorce was filed in M.C.No.389/1991. Said divorce petition came to be decreed expate on 6/4/1992. Plaintiff having come to know about the exparte decree, filed a miscellaneous petition No.13/1992 and the said miscellaneous petition was allowed and M.C.No.389/1991 was restored. Krishnamurthy who is the husband of plaintiff, died on 29/6/1996. As such, the miscellaneous petition was dismissed.

4. It is the contention of the plaintiff that since the miscellaneous petition was restored and divorce decree was set aside, she continued as legally wedded wif