This appeal has been filed by Lakshmi Ammal, the petitioner in O.P. No. 83 of 1955 on the file of the District Judge, Ramanathapuram at Madurai, against the order of the learned District Judge dismissing as not maintainable, her petition under sections 11 and 17 of the Hindu Marriage Act XXV of 1955 for declaring the marriage of her husband Ramaswami Naicker, the 1st respondent, with Krishnammal, the 2nd respondent, void and illegal.

The facts are briefly these: Lakshmi Ammal, the appellant, was admittedly the legally wedded wife of Ramaswami Naicker. She had no children. Ramaswami Naicker married the 2nd respondent, Krishnammal, as his second wife after Act XXV of 1955 had come into operation. Lakshmi Ammal wanted to get this marriage of her husband with Krishnammal declared void and illegal under section 17 of the Act by filing this application under section 11. Both the respondents contended that she had no right to file an application under section 11, as she was not “a party to the second marriage” sought to be declared illegal and void. Accepting this contention, the learned District Judge dismissed the petition with costs. Hence this appeal.

I have perused the record