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august 1983

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.

MRS. ARUNA BASU MULLICK vs MRS. DOROTHEA MITRA · Niyam