USHA RANI JAGYASI Vs. KANAHIYA LAL JAGYASI

JUDGEMENT

(1.) This is an appeal under Section 28 of the Hindu Marriage Act, 1955, preferred by the wife, against the judgment and decree of the Additional District Judge, dated 21.04.90 in HMA 450/1987.

(2.) During pendency of the appeal, the respondent husband died on 28.12.01. Since the question as to status of the appellant, and her entitlement to assets of the deceased husband would survive, the heir and legal representative of the deceased husband, i.e. his mother, was impleaded as a party respondent on 25.02.04. Thereafter, the appeal was adjourned from time to time.

(3.) The marriage between the parties was solemnised on 06.06.1983 according to Hindu rites. It is an undisputed fact that the respondent had been previously married. The appellant lived separately from the husband since 14.7.1983.