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NEUTRAL CITATION NO. 2026:MPHC-JBP:11086

1 MCC-3128-2025

IN THE HIGH COURT OF MADHYA PRADESH

AT JABALPUR

BEFORE

HON'BLE SHRI JUSTICE VIVEK RUSIA

&

HON'BLE SHRI JUSTICE PRADEEP MITTAL

rd

ON THE 3 OF FEBRUARY, 2026

MISC. CIVIL CASE No. 3128 of 2025

SMT. SUDHA JAIN

Versus

SHARAD KUMAR JAIN( DIED) THROUGH HIS LEGAL HEIR VINAY

KUMAR JAIN

Appearance:

Ms. C Veda Rao - Advocate with Shri Gurdeep Singh Wadhwa -

Advocate for the applicant.

Shri Raman Choubey - Advocate for the respondent No.1.

Shri Sanjay K. Agrawal - Senior Advocate with Shri Mihir Agrawal

- Advocate as amicus curiae.

ORDER

Per: Justice Vivek Rusia

The applicant/wife has filed the present MCC under Order 22 Rule 9

of the Code of Civil Procedure, 1908 for setting aside the order of abatement

dated 14.08.2025 whereby First Appeal No.342/2005 has been dismissed as

abated on the ground that since 90 days had expired from the date of death

of respondent namely; Late Shri Sharad Kumar Jain i.e. 08.03.2024 during

the pendency of the said First Appeal.

Signature Not Verified

Signed by: SHIVANI TIWARI

Signing time: 2/13/2026

12:13:24 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:11086

2 MCC-3128-2025

2. The marriage of the applicant/wife was solemnised with Late Shri

Sharad Kumar Jain on 22.04.1984 as per Hindu rites and rituals, and out of

their wedlock, two daughters, namely, Ku. Sampada and Ku. Sampatti were

born to them. The husband and wife separated from each other and started

residing in separate houses in the year 1991, which is an undisputed fact in

this case.

3. The husband of the applicant filed an application under Section

13(A) of the Hindu Marriage Act, 1955, in the Family Court, Jabalpur,

which was registered as RCSA No.149-A/2022. The applicant/wife appeared

in the said proceedings, but did not file any written statement and stopped

appearing in the proceedings and accordingly, proceeded ex parte. The suit

was decreed in favour of the deceased husband vide judgment and decree

dated 15.02.2005 by granting the decree of divorce on the grounds of cruelty

and adultery. By that time, the applicant/wife had been enrolled as an

Advocate.

4. Being aggrieved by the aforesaid judgment and decree dated

15.02.2005 passed by the Family Court, Jabalpur, the applicant/wife

approached this Court by way of filing First Appeal No.342/2005 under

Section 19 of the Family Court Act, 1984. While issuing notice to the

respondent/husband, the decree of divorce was stayed by way of interim

relief.

5. During the pendency of the said First Appeal, the husband, Shri

Signature Not Verified

Signed by: SHIVANI TIWARI

Signing time: 2/13/2026

12:13:24 PM

NEUTRAL CITATION NO. 2026:MPHC-JBP:11086

3 MCC-3128-2025

Sharad Kumar Jain died on 08.03.2024, but the appellant did not file an

application for bringing legal heirs on record despite knowing the factum of

death. The brother of the deceased husband, namely Shri Vinay Kumar Jain,

son of Late Shikhar Chand Jain aged about 55 years, resident of Kandivali

(East), Mumbai, filed an application seeking dismissal of the said appeal as

abated.

6 . The First Appeal No.342/2005 came up for hearing on

14.08.2025, and vide order dated 14.08.2025, the learned counsel appearing

for the appellant/wife Ms C. Veda Rao sought time to file an appropriate

application, but the said request was rejected, and the appeal was dismissed

as abated. Hence, appellant/wife has filed the present MCC before this Court

under Order 22 Rule 9 of the Code of Civil Procedure, 1908 for setting aside

the order of abatement dated 14.08.2025 along with Interlocutory

Application No.18471/2025 under Order 22 Rule 3 of CPC for substitution

of legal heirs and Interlocutory Application No.18472/2025 under Section 5

of the Limitation Act, 1963.

7. After issuance of notice to the respondent, the brother of Late Shri

Sharad Kumar Jain, namely Shri Vinay Kumar Jain, has filed a reply to

oppose the present MCC.

8. On the last date of hearing, we appointed Shri Sanjay K. Agrawal -

Senior Advocate with Shri Mihir Agrawal - Advocate as amicus curiae.

9. The