The appeal does not abate after the husband's death; however, the wife's marital status cannot revive post-death, limiting her claims.

IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA FAO No. 402 of 2016 Reserved on: 13.3.2025 Date of decision: 15.7.2025 Subhashna Devi. ….Appellant.

Versus Kalyanu Ram (deceased) through LRs. ….Respondents.

Coram The Hon’ble Mr. Justice Vivek Singh Thakur, Judge.

Whether approved for reporting?

For the Appellant : Mr.R.K. Sharma, Senior Advocate, alongwith Ms.Vidushi Sharma, Advocate.

For the Respondents: Respondents No. 1(a) and 1(b)

already ex parte vide order dated

24.8.2024.

Mr.Goldy Kumar, Advocate, for respondent No. 1(c).

Vivek Singh Thakur, Judge This appeal has been preferred by wife under Section 28 of the Hindu Marriage Act, 1995 against the judgment and decree dated 26.5.2016 passed by Additional District Judge-III, Kangra at Dharamshala, camp at Palampur, District Kangra, H.P. in petition RBT HMP No. 80-P/III/13/06, titled as Kalyanu Ram Vs. Subhashana Devi and Another, filed for dissolution of marriage by a decree of divorce under Section 13(1) (ia) (ib) of the Hindu Marriage Act, 1955, …2…

whereby marriage between Subhashana Devi (appellant) and Kalyanu Ram (respondent No. 1), was dissolved.

2. Kalyanu Ram filed a petition for dissolution of marriage on the ground of cruelty by alleging that his marriage was solemnized with Subhashana Devi on 20.2.2002 according to Hindu Rites and Customs and couple was blessed with two children namely Amandeep and Kamal Kumar.

3. The main ground for praying dissolution of marriage taken in the petition was that Subhashana leveled allegations on Kalyanu Ram of having illicit relations with his sister-in-law (Bhabi) and further that behavior of Subhashana Devi towards her mother-in-law, husband Kalyanu and children was not good, rather she had been insulting mother of Kalyanu Ram (mother-in-law of Subhashana Devi) and, resultantly, being fed up with the behavior of Subhashana Devi, mother of Kalyanu, who was residing with them left the house and was compelled to live with other family members in a separate house. 4. In the petition instances of cruelty like beating children, Kalyanu Ram as well as his father were narrated. It was also a ground that on 30.9.2008 Subhashana Devi had tried to assault Kalyanu Ram, when he was sleeping, with intention to kill him and pressed his private part and gave fist blows and also hit Kalyanu with scissors in his neck and hand. In this regard Kalyanu Ram had made complaints to Pradhan Gram Panchyat, Sungal; Pradhan Mahila Mandal, Matt (Ex. PW-1/B), whereupon Office bearers of Mahila …3…

Mandal endorsed ill-behavior of Subhashana Devi including beating and hurling abuses.

5. It was also alleged that due to ill-behavior of Subhashana, Kalyanu had filed two divorce petitions on earlier occasion also, but with interference of close persons and relatives, he compromised these petitions before Lok Adalat, but after even that, Subhashana did not mend her ways and continued to misbehave with Kalyanu and his other family members.

6. According to petitioner, he was also beaten by Guddo Devi, mother of Subhashana Devi and father Rajinder Kumar in SDM Court Complex, Palampur, and the matter was reported to the Police. Further that Subhashana and her parents occupied the house of Kalyanu and threatened him that in case he would force them to leave the house, Subhashana alongwith her children shall put the house on fire, and she further threatened that after killing the children she would commit suicide, whereupon petitioner forced to leave the house.

7. It is also allegation of Kalyanu that one Simar Chand, arrayed as party-respondent No. 2, was caught read handed with Subhashana in objectionable position, whereupon Sumar Chand was beaten by villagers and matter was proposed to be referred to the Police, but for the apology tendered by Simar Chand and pledging to not visit again to Subhashana, he was let free.

8. According to Subhashana