An appeal does not abate due to the death of a party if it involves the status or property rights of the surviving party.

1. By this order two appeals, FAO No. 5-M of 1993 filed by wife/ widow Suresh Bala and FAO No. 796 of 1995 filed by Ratna Devi against General Public, Suresh Bala, Sapna, State of Haryana, SSP Sonepat and DGP Haryana are being decided.

2. The facts of FAO No. 5-M of 1993 are that deceased Rajbir Singh was married to Suresh Bala on May 30, 1980, according to Hindu rites at Village Matindu. In this wedlock Suresh Bala gave birth to Seenla in Feb. 1982 and to Sonu in Oct. 1985. Seema died in 1986. Since 1988-89 the parties are living separately. Suresh Bajas elder sister Bimla was married to Rajbirs elder brother Kashmiri. She died of cancer in Feb. 1988. Suresh Bala filed a petition under Sec. 125, Cr. P.C. against Rajbir Singh. Thereafter Rajbir Singh filed this petition on Jan. 17, 1991, in the lower Court.

3. In the divorce petition, husband Rajbir Singh sought divorce on the grounds of cruelty, desertion and adultery. He averred that in this wedlock Seema was born in Feb. 1982 at village Kiloi where his parents reside. After five years Seema died in village Matindu due to negligence of Suresh Bala and her father. She never allowed Rajbir Singh to bring Seema to village Kiloi for treatment. Suresh Bala and her father did not provide proper treatment to Seema, hence she died. In Oct. 1985 Suresh Bala gave birth to a son Sandeep alias Sonu who is living with Rajbirs mother in village Kiloi. Suresh Bala gave birth to another daughter on January.14, 1989, but Rajbir Singh does not claim her to be his legitimate daughter. According to him, Suresh Bala was leading an adulterous life and this daughter Sapna is not born from his loins. He also averred that Suresh Bala always treated him and his parents with cruelty. She always misbehaved with them, addressed them disrespectfully and contemptuously, did not do household work and always quarrelled, with him and his parents. They are agriculturist by profession. Suresh Bala always declined to do agricultural work and whether she was asked to do any such work she became furious and used to abuse them all. She was addicted to smoking Bidis heavily and despite his asking she did not give up smoking. Rajbir Singh himself does not smoke. He is in service of Haryana Police. Suresh Bala used to leave matrimonial home in his absence. Whenever he used to come back to his village Kiloi, he found her missing. In search of Suresh Bala he used to go to village Matindu, but he would not find her there. She used to go to village Kami where one of her distant relations reside. Whenever Rajbir Singh visited Kami to bring her back, she used to misbehave with him and refused to come back with him. Thus, she caused mental cruelty to him.

4. Rajbir Singh also averred that she filed a petition under Sec. 125, Cr.P.C., wherein she levelled baseless allegations that he demanded Rs. 40,000/ - and that her life was in danger at the hands of Rajbir Singh. These false accusation also caused mental torture to him. Bimla was admitted in Medical College and Hospital, Rohtak, for her treatment, as she was suffering from cancer. For 6/7 months her treatment was going on and she died on Feb. 29, 1988. On May 8, 1990, Rajbirs sisters husband died but on both these occasions Suresh Bala never came to matrimonial home for condolence. She left the matrimonial home in Jan. 1988, took all her ornaments etc, with her, left behind Sandeep at Kiloi and since then she is living in her parental home. He made many attempts to bring her back, but she and her father declined. Only in March 1989 he came to know that she has given birth to a daughter in Jan. 1989. He made specific allegation that she had illicit relations with one Sumer Singh son of Bhim Singh, who used to talk to her in privacy. On these grounds he prayed for a decree of divorce.

5. Wife-appellant Suresh Bala filed her written statement on Feb. 25, 1991. She denied all the allegations of cruelty, desertion and adultery. She asserted that all the three children