T. C. SHRIVASTAVA, J.

( 1 ) SHRI M. L. Shrivastava, counsel for the appellants, heard. None appeared for the respondent to contest the appeal.

( 2 ) THIS appeal arises out of the order passed by the 1st Additional District Judge, chhindwara, in Civil Suit No. 9-A of 1957 by which the marriage between the appellants has been declared null and void.

( 3 ) THE appellant No. 1 Amarlal was married to the respondent Vijayabai long ago. Later, he contracted a marriage with appellant No. 2, Roopwati in February 1957 after the Hindu Marriage Act of 1955 had come into force. The respondent vijayabai then filed a suit for having the marriage between the appellants declared null and void. The petition filed by her purports to be under Section 10 of the hindu Marriage Act, 1955, but the relief claimed falls under Section 11 of that Act.

( 4 ) THE respondent as a previously married wife of the appellant No. 1 Amarlal was entitled under Section 10 of that Act only to a decree for judicial separation so far as she was concerned. She could not prefer any application to have the marriage between the appellants declared void under Section 11. That section can be invoked by only those persons who are

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