IN THE HIGH COURT OF JUDICATURE AT PATNA MA No.355 of 2008 HARSH KISHORE SINGH @HARSH KUMAR SINGH@HARSH KUMAR SINHA Versus SMT.VIBHA SINGH ----------- 12 16.03.2010 Heard learned counsel for the appellant and learned counsel for the respondent. By the order under appeal dated 11.6.2008, the Principal Judge Family Court, Darbhanga has rejected the Miscellaneous Case No. 44 of 2007 and has held that in the divorce case bearing Matrimonial Case No. 13 of 1991, the appellant cannot be substituted in place of his father late Raj Kishore Prasad Singh who wanted a decree of divorce against the respondent who is the wife of late Raj Kishore Singh. After hearing learned counsels for the parties, we are of the view that the order of the Family Court cannot be faulted. In a divorce proceeding only the husband and wife have a right to file application for divorce and such right does not survive after death of the applicant. This appeal is, therefore, found to be without merits. It is dismissed accordingly. It appears that for some other cause of action, the appellant has preferred a suit against the respondent. It is made clear that the order of Family Court or our order shall not prejudice his case in the said suit. (Shiva Kirti Singh, J.) (C.M. Prasad, J.) Ravi/-