AIR 1997 SUPREME COURT 35 ::1996 AIR SCW 4185 ::(1997) MarriLJ 193 ::1996 UJ(SC) 2 746 ::(1997) 1 HinduLR 362 ::(1997) 1 CivilCourtC 392 ::1997 (11) SCC 159 ::(1996) 2 DMC 579 ::(1997) 2 ICC 178 ::(1997) 2 Mad LJ 4 ::(1997) MatLR 86 ::(1997) 1 Mad LW 158 ::(1996) 2 LJR 615 ::(1996) 9 JT 218 (SC)

Supreme Court Of India

(From : Karnataka)*

Hon'ble Judge(s): N. P. Singh, S. B. Majmudar , JJ

(A) Civil P.C. (5 of 1908) , O.9 R.13, O.22 R.1— Ex parte divorce decree obtained against wife - Death of husband thereafter - Aggrieved wife can file application for setting aside ex parte decree even though husband might have died prior to moving of application or during pendency of application - In such proceedings legal heirs of deceased husband can be brought on record as opponents or respondents. AIR 1989 Madras 216 and AIR 1959 Punjab 553, Overruled. Hindu Marriage Act (25 of 1955) , S.13— After a decree of divorce is obtained by the petitioning husband against his wife she has right to file an appeal and such appeal does not abate on account of the death of the respondent husband whether such death takes place prior to the filing of appeal or pending the appeal. Similarly, if an ex parte decree of divorce is obtained against the wife and thereafter if the husband dies, the aggrieved wife can maintain an application under O.9, R.13, C.P.C., even though the husband might have died prior to the moving of that application or during the pendency of such application. In all such cases other legal heirs of the deceased husband can be brought on record as opponents or respondents in such proceedings by the aggrieved spouse who wants such decree to be set aside and @page-SC36 when the other heirs of the deceased hu....