MEHINDER SINGH SULLAR, J. - (1.) HAVING heard the learned counsel for the petitioner, having gone through the record with his valuable help and after bestowal of thoughts over the entire matter, to my mind, there is no merit in the instant petition in this context.
(2.) AS is evident from the record that initially, Ranbir son of Ram Chander and his wife Mukesh (respondent) had instituted the divorce petition (Annexure P1) for dissolution of their marriage by a decree of divorce, by way of mutual consent under Section 13 -B of the Hindu Marriage Act, 1955. During the pendency of the divorce petition, as luck would have been, Ranbir (husband) had died.  Consequently, the District Judge (Family Court) dismissed the divorce petition, as having become infructuous, by virtue of impugned order dated 9.8.2012 (Annexure P3). Thereafter, petitioner Santro, mother of Ranbir (husband) (since deceased), moved the application (Annexure P4) for restoration of the divorce petition. Taking into consideration the factum of death of Ranbir (husband), the District Judge dismissed the pointed application for restoration of the divorce petition, by means of impugned order dated 22.8.2013 (Annexure P5).
(3.) THEREFORE , once, Ranbir (husband) had already died during the pendency of the main divorce petition, then, his mother (petitioner) has neither any locus standi nor the divorce petition (Annexure P1) can be decided in the absence of husband. The District Judge (Family Court) has correctly negated her plea to restore the divorce petition, by way of impugned order (Annexure P5), which, in substance, is as under (para 4) : - ''After hearing learned counsel for the applicant Smt. Santro Devi and perusing the case file carefully, I am of the considered opinion that the application in question deserves to be dismissed. Mere filing of a petition for divorce by mutual consent under Section 13 -B of the Hindu Marriage Act, 1955, and making of the statement of first motion, does not, by itself amount to a decree of divorce by mutual consent. In the present case after filing of the petition for divorce by way of mutual consent, husband Ranbir expired and, thus, the court was left with no option but to dismiss the divorce petition as having been rendered as infructuous. There is no ambiguity in the said order. Moreover, the said order has become final. Therefore, the question of inheritance, if any, shall be decided in appropriate proceedings and filing of the present application is no remedy available to Smt. Santro Devi. '' ;