T V MATHEW Vs. LEELAMMA MATHEW

JUDGEMENT

(1.) This is the petition for divorce by the husband, under S. 10 of the Indian Divorce Act, on the ground that the petitioner's wife, Leelamma has committed adultery. The learned District Judge has made a decree nisi for dissolution of the marriage under S.16 of the Indian Divorce Act, subject to confirmation by the High Court. S.17 of the Act provides that every decree made by the District Court shall be subject to the confirmation by the High Court. During the pendency of these proceedings for confirmation, the respondent died. When the matter came on the last occasion, as there is none to represent the deceased wife, we requested Mr. M.V.S. Namboodiri, to assist us as amicus Curiae. We heard the learned counsel for the parties, on the effect of the death of the respondent wife during the pendency of the proceedings for confirmation of the decree nisi for dissolution of marriage made by the District Court.

(2.) It was contended that the decree made by the District Court is only a conditional decree and the status of the parties does not get altered until the decree is confirmed by the High Court under S.17 of the Indian Divorce Act. If before the confirmation of the decree one of the parties to the proceedings for dissolution of the marriage dies, the question for consideration is as to whether the proceedings abate or can be proceeded with. One of the cardinal principles of justice is that no decision shall be rendered against any person without affording him or her an opportunity of being heard. What is involved in such proceedings is personal rights of the parties to the wedlock.

(3.) In AIR 1957 A.P. 424 between Vempa Sunanda and Vempa Venkata Subbarao, this is what is held in Para.5 of the said judgment: