R LAKSHMI Vs. K SARASWATHI AMMAL

JUDGEMENT

(1.) Though the respondent is served, no one appears for the respondent.

(2.) Leave granted.

(3.) The appellant is the wife, against whom her husband had obtained an ex parte decree of divorce. After obtaining the decree, the husband died. The wife on coming to know of the ex parte decree, applied for setting aside the decree of divorce under Order IX Rule 13 of the Code of Civil Procedure. The trial court dismissed the said application observing that since the divorce is a personal remedy, it cannot be pursued after the death of the husband. On appeal, the trial court's view was reversed. But the appellate court's view has in turn been reversed by the High court.