AKBAR ALI Vs. STATE OF BIHAR

JUDGEMENT

(1.) THOUGH the respondent is served, no one appears for the respondent.

(2.) LEAVE granted.

(3.) WE are of the opinion that the wife should be and is competent to maintain the application under Order XI, Rule 13. Even though the husband is dead, yet the decree obtained by him is effective in law and determines the status of the appellant. If the appellant says that it is an ex parte decree and ought to be set aside, her application has to be heard on merits. The decree of divorce determines her status as a wife apart from determining her rights in the properties of her deceased husband. This gives her sufficient locus standi and right to contest the divorce proceedings even after the death of her husband.