Supreme Court of India
R. LAKSHMI versus K. SARASWATHI AMMAL
- Decided
- 27 September 1996
- Judges listed
- B.P. JEEVAN REDDY, K.S. PARIPOORNAN
- Disposal
- Appeal(s) allowed
Citations
- Official
- [1996] SUPP. 7 S.C.R. 79 · 1996 INSC 1124
- Also cited as
- (1996) 6 SCC 371
Learned from how other judgments cite this one, in their text or in the official Supreme Court Reports' lists of cases they refer to: each is cited this way by at least two judgments, and at least twice as often as any other citation to this judgment in that report. We hold no commercial reporter's text, only these citation strings.
Cited by
We found no other Supreme Court judgment we hold that cites this one.
Counted only in the Supreme Court judgments we hold whose text we could read, not in High Court judgments. We match each citation to a judgment automatically, so a citation we cannot match is not counted. "Cited" says only that a judgment refers to this one, not whether it followed, distinguished or overruled it.
The Court's text
Paragraphs from our copy of the Supreme Court Reports print, with the Court's own paragraph numbers, the printed page and, where printed, the margin letter. The Court did not number this judgment's paragraphs, so they are listed by page. Link to paragraph N with #para-N.
Though the respondent is served, no one appears for the Respondent.
p. 79, margin G
Leave granted.
p. 79, margin H
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 of 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.
p. 80, margin A
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 husband.
p. 80, margin B
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.
p. 80, margin D
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. R.P.
p. 80, margin E