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september 1996

Supreme Court of India · 1996-09-27

L. LAKSHMI vs K. SARASWATHI AMMAL(DEAD) THR. LRS.

Citation / case number
SC 1989/71340
Court
Supreme Court of India
Petitioner
L. LAKSHMI
Respondent
K. SARASWATHI AMMAL(DEAD) THR. LRS.
Author
K.S. PARIPOORNAN B.P. JEEVAN REDDY
Bench
K.S. PARIPOORNAN B.P. JEEVAN REDDY

Judgment text excerpt

The Supreme Court held that a wife can maintain an application under Order IX Rule 13 of the Code of Civil Procedure to set aside an ex-parte divorce decree even after the husband's death. The Court emphasized that the decree affects her legal status and rights, thus granting her locus standi to contest the divorce proceedings. The appeal was allowed, and the matter was remitted to the Trial Court for a merits-based hearing of the application.

L. LAKSHMI vs K. SARASWATHI AMMAL(DEAD) THR. LRS. · Niyam