J. PREMA Vs. M. JEYANTHI

JUDGEMENT

(1.) C .R.P.No. 794 of 2013:Challenging the fair and final order passed in I.A.No. 184 of 2012 in H.M.O.P.No. 21 of 1998 on the file of the Sub -Court, Aruppukkottai, a third party to the proceedings has filed the above Civil Revision Petition. C.R.P.No. 795 of 2013:This Civil Revision Petition arises out of the order passed in H.M.O.P.No. 127 of 2012 on the file of the Sub -Court, Aruppukkottai. Therein also, the third party has filed the Civil Revision Petition.

(2.) IT is the case of the revision petitioner that one Jeyaprakash filed a petition in H.M.O.P.No. 127 of 2012 for divorce as against the first respondent herein. The said petition was ordered ex -parte on 01.08.1998. Thereafter, according to the revision petitioner, she married the said Jeyaprakash on 02.03.2006. The said Jeyaprakash had died on 24.10.2011. Thereafter, on 29.11.2011, the first respondent herein filed an application in I.A.No. 184 of 2012 to set aside the ex -parte order of divorce granted on 01.08.1998. Admittedly, the said application was filed after the death of the said Jeyaprakash.

(3.) IN the judgment reported in, 1997 (2) MLJ Pg.4, (Smt.Yallawwa Vs Smt.Shantavva), the Honourable Apex court held that in similar circumstances, if an application is filed under Order 9 Rule 13 of the Civil Procedure Code, the proceedings can be continued against the legal heirs or the deceased spouse, who may be interested in supporting the decree of divorce passed against the aggrieved spouse.