Full Judgment Text
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PETITIONER:
R.LAKSHMI
Vs.
RESPONDENT:
K.SARASWATHI AMMAL
DATE OF JUDGMENT: 27/09/1996
BENCH:
B.P. JEEVAN REDDY, K.S. PARIPOORNAN
ACT:
HEADNOTE:
JUDGMENT:
O R D E R
Though the respondent is served, no one appears for the
respondent.
Leave granted.
The appellant is the wife, against whom her husband had
obtained an ex-parte decree of divorce. After obtaining the
decree, the husband died. The wife on coming to know of the
ex-parte decree, applied for setting aside the decree of
divorce under Order IX Rule 13 of the Code af Civil
Procedure. The Trial Court dismissed the said application
observing that since the divorce is a personal remedy, it
cannot be pursued after the death of the husband. On appeal,
the Trial Court’s view was reversed. But the Appellate
Court’s view has in turn been reversed by the High Court.
We are of the opinion that the wife should be and is
competent to maintain the application under Order IX Rule
13. Even though the husband is dead, yet the decree obtained
by him is effective in law and determines the status of the
appellant. If the appellant says that it is an ex-parte
decree and ought to be set aside, her application has to be
heard on merits. The decree of divorce determines her status
as a wife apart from determining her rights in the
properties of her deceased husband. This gives her
sufficient locus standi and right to contest the divorce
proceedings even after the death of her busband.
Accordingly, the appeal is allowed and the matter is
remitted to the Trial Court to dispose of the application
filed by the appellant under Order IX Rule 13 on merits in
accordance with law. No costs.
Ms.Bina Gupta says that the appellant has been provided
a job in the Electricity Board on compassionate grounds on
the basis that she is the wife of the deceased employee.
Pending disposal of the divorce proceedings finally, it is
directed that she will not be disturbed from the said post.