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.