Supreme Court of India · 1983-08-02
MRS. ARUNA BASU MULLICK vs MRS. DOROTHEA MITRA
- Citation / case number
- SC 1980/63278
- Court
- Supreme Court of India
- Petitioner
- MRS. ARUNA BASU MULLICK
- Respondent
- MRS. DOROTHEA MITRA
- Author
- MISRA RANGNATH
- Bench
- MISRA RANGNATH
Judgment text excerpt
The Supreme Court held that under Section 37 of the Special Marriage Act, 1954, a decree for alimony does not extinguish upon the death of the judgment debtor husband. The Court emphasized that the statute aims to protect the wife's right to maintenance post-divorce, and the estate of the deceased husband remains liable for the payment of alimony. The ruling clarified that while matrimonial proceedings abate upon the death of either spouse, a maintenance decree survives and can be enforced against the husband's estate, ensuring the widow's right to receive maintenance is upheld.