LETHA P. NAIR Vs. HARIKUMAR

JUDGEMENT

(1.) This appeal arises out of a decree of divorce granted in favour of the husband. The wife is the appellant. The decree of divorce was passed on 14/9/2018. The husband died on 29/3/2020. This Court had granted a stay against the operation of the decree of divorce on 3/12/2018. The husband was an employee in Railway. On his death, there arose a dispute regarding terminal benefits. The wife also filed W.P.(C) No.12843/2022 for disbursement of the family pension. In view of the fact that the right of the wife to claim family pension is directly connected to the challenge against the divorce granted in favour of the husband, we ordered tagging the writ petition filed by the wife for claiming terminal benefits as W.P.(C) No.12843/2022 along with Mat.Appeal No.1106/2018. Both cases came up today for hearing.

(2.) We heard the learned counsel for the petitioner Adv.K.Mohanakannan assisted by Adv.H.Praveen and Adv. Nimesh Thomas who appeared for the legal heirs of the deceased husband.

(3.) It is to be noted that the children were not a party to the proceedings. They were brought on record, subsequently, on the death of the deceased husband. The legal heirs of the husband who would have succeeded to the estate of the deceased husband if divorce decree is confirmed were also brought on record in Mat.Appeal based on the order of this Court on 27/1/2021.