BUDHI DEVI Vs. CHANDU LAL

JUDGEMENT

(1.) THIS appeal has been preferred by the appellant -wife against the judgment and decree of divorce passed by the learned District Judge, Dausa in Divorce Application No. 43/98, whereby the marriage between the parties was dissolved on the ground of desertion. In this case, the parties were married on 13.5.1956. The divorce petition was filed in the year 1998 after about 42 years of solemnization of marriage. Three sons and a daughter were born out of the wedlock. Unfortunately all the three sons expired and the daughter is living with her in -laws. On the basis of the evidence on the record, the Trial Court dissolved the marriage on the ground of desertion. Since June, 1993, respondent -wife was not able to establish that she was living with the husband. It has been stated that the appellant is about 60 years of age while respondent is about 69 years and is a practising lawyer at Bandikui.

(2.) THE appeal was admitted on 21.2.2000. I am informed that respondent -husband has expired on 12.3.2002. An application has been filed thereafter by the learned Counsel for the appellant for substitution of legal representatives of the deceased on the record.

(3.) BE that it may, the contention of the appellant is that she entertained bona fide impression that by getting the legal heirs of the deceased -respondent substituted on record, she will be entitled to claim her legitimate share in the estate of the deceased, is not tenable since adopting such approach to matrimonial proceedings by a decree of divorce which have already culminated in dissolution of marriage between the parties Under Section 13 of the Hindu Marriage Act, would be contrary to the statute itself. Moreover, the institution of proceeding for dissolution of marriage on any of the grounds as may be available to a party aggrieved Under Section 13 of the Act is based on personal injury establishing by evidence in accordance with law.