Malimath, CJ.

This is the petition for divorce by the husband, under S.10 of the Indian Divorce Act, on the ground that the petitioner's wife, Leelamma has committed adultery. The learned District Judge has made a decree nisi for dissolution of the marriage under S.16 of the Indian Divorce Act, subject to confirmation by the High Court. S.17 of the Act provides that every decree made by the District Court shall be subject to the confirmation by the High Court. During the pendency of these proceedings for confirmation, the respondent died. When the matter came on the last occasion, as there is none to represent the deceased wife, we requested Mr. M.V.S. Nampoodiri, to assist us as amicus curae. We heard the learned counsel for the parties, on the effect of the death of the respondent-wife during the pendency of the proceedings for confirmation of the decree nisi for dissolution of marriage made by the District Court.

2. It was contended that the decree made by the District Court is only a conditional decree and the status of the parties does not get altered until the decree is confirmed by the High Court under S.17 of the Indian Divorce Act. If before the confirmation of t