( 1 ) THE Order of the Court was delivered by The Hon ble The Chief Justice: this appeal raises an important point in the disposal of matrimonial causes. The appellant was the wife of the respondent. They were married in the year 1942. On 10-2-1951, the respondent filed an application in the Court of the Subordinate Judge, Guntur, under Section 5 (1) and (2) of the Madras Hindu (Bigamy Prevention and Divorce) Act (VI of 1949-hereinafter referred to as the Act) to dissolve his marriage with the appellant. On 3rd April 1952 the learned Subordinate Judge made a decree dissolving the marriage. The appellant preferred an appeal against that decree to the High Court of judicature, Madras and it has subsequently been transferred to this Court. Pending the appeal, the respondent died. The question is whether the appeal alone abated leaving the decree intact or whether the petition itself abated with the result that the decree also was vacated. Mr. C. V. Narasimha Rao, learned Counsel for the appellant and mr. T. Lakshmiah who at our instance appeared as amicus curiae ably presented their respective views and placed all the relevant decisions before us. Learned Counsel for the appellant con
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