JUDGMENT :

MANGESH S. PATIL, J.

1. Admit.

2. At the joint request of the parties, we have heard both the sides finally at the stage of admission.

3. We had been called upon to decide a very interesting issue, as to whether the right to sue survives to the mother and brothers of the deceased husband of the respondent-wife in a petition for divorce by mutual consent filed under section 13-B of the Hindu Marriage Act, 1955 (‘Act’) when he dies even before the second motion under sub section (2) of section 13-B of the Act is moved.

4. The facts can be stated in brief as under:

(i) Deceased (hereinafter referred to as ‘Aniket’) and respondent-Shalaka submitted a petition for divorce by mutual consent on 14-10-2020.

(ii) Pursuant to some mutual agreement, Aniket had agreed to pay Rs.5,00,000/- to Shalaka while filing of petition as per terms he paid Rs.2,50,000/- to her.

(iii) Unfortunately, Aniket died during COVID-19 on 15-04- 2021.

(iv) Respondent-Shalaka submitted a purshis (Exhibit-8) on 28-04-2021, withdrawing the consent for granting divorce and requested for disposing of the petition.

(v) However, the appellants herein who are the mother and brothers of Aniket submitted application (Exhibi