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1988 Supreme(Mad) 511

RATNAM
Saraswathi Ammal – Appellant
Versus
Lakshmi – Respondent


Advocates Appeared:V. Prabhakar, R. Ceyardas, Advocates.

Judgment :-

In these civil revision petitions, an interesting question as to whether proceedings for obtaining a decree for divorce instituted by the husband against his wife can be continued by the wife after the death of her husband against her mother-in-law, arises.

2. The facts are few and simple and are undisputed. One Ramanathan, the son of the petitioner in these civil revision petitions, married the respondent herein, on 17-02-1975. O.P. 30 of 1983 Sub Court, Kumbakonam, was filed by Ramanathan against the respondent in these civil revision petitions under S.13(1)(b) of the Hindu Marriage Act, 1955 (hereinafter referred to as the Act) praying for a decree of divorce on the ground that the respondent had intentionally and without any justification deserted him. On 24-10-1983, Ramanathan obtained an ex parte decree of divorce against the respondent herein and subsequently he died on 03-06-1984. Thereupon, the respondent herein filed I.A. 66 and 67 of 1985 under O.22, R.4 and O.9, R.13, C.P.C. respectively in O.P. 30 of 1983, to implead her mother-in-law, the petitioner in these civil revision petitions, as the legal representative of her deceased husband Ramanathan and to set











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