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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.