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1 - 3 of 3 (0.62 seconds)Smt. Yallawwa vs Smt. Shantavva on 8 October, 1996
Placing reliance on the decision of supreme Court in the
case of Smt. Yallawwa v. Smt. Shuntavva - AIR 1997 SC 35
learned counsel for the respondent/wife argued that the
appellant/husband Lubhan having expired during the
pendency of present appeal and the subject matter of the
appeal being the proceedings for divorce between husband
and wife on the ground of desertion and cruelty, the cause
was purely a personal cause of action and, therefore, the
same would die with the husband. He then argued that the
respondent/ wife has one child and at any rate on merits
of the matter there is no substance in the present appeal
as the decree of dismissal of divorce petition is well
justified. According to him, the person sought to be
substituted in place of original appellant is his father,
who is not a class I heir but the child is, and therefore,
no better rights can be read in favour of father as
against the son of original appellant and respondent.
Section 13 in The Hindu Marriage Act, 1955 [Entire Act]
1