1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY NAGPUR BENCH, NAGPUR. C.A.F.NO.1759/2010 IN F.A. NO.525/2004. Sau. Manasi Siras w/o. Dr. Sriniwas Siras -VERSUS- Dr. Sriniwas Siras s/o Ramchandra Siras [now dead] _______________________________________________________________________ Office Notes, Office Memoramda of Coram, appearances, Court's orders of directions Court's or Judge's orders. and Registrar's Orders. ______________________________________________________________________________ Smt. S.P. Deshpande, Advocate for the Appellant. Shri S.Savdekar, Advocate for Proposed L.R.No.1. Shri T. Mandlekar, Advocate for proposed L.R.No.2. Shri K.J. Mahajan, Advocate for proposed L.R.No.3. CORAM : S.A. BOBDE AND S.B. DESHMUKH, JJ. DATED : 10.03.2011. Heard learned Counsel for the parties. This is an application by the appellant for bringing the legal representatives of deceased respondent on record. The deceased respondent one Dr. Shrinivas Ramchandra Siras had filed a petition for divorce against the applicant and that petition was decreed on 12.07.2002. Against the said decree, the applicant/appellant Sau. Manasi 2 Siras has filed the present Appeal on 11.08.2004. During the pendency of this Appeal, Dr. Srinivas Siras expired at Aligarh (U.P.) on 07.04.2010. Hence the applicant has moved the present application for bringing the legal representatives of the deceased respondent on record. Since no children were born to Sriniwas Siras and the applicant Manasi Siras, the applicant has sought to bring on record the siblings of Sriniwas Siras, namely his brothers and sisters. The question - whether in such a case where the respondent who had obtained a decree for divorce against his wife, which is pending in appeal and such appeal does not abate on account of death of the respondent - husband, is no more res-intergra in view of the judgment of the learned Single Judge of this Court in the case of Kamalabai .vrs. Ramdas Manga Ingale reported in AIR 1981 Bom. 187, which was approved by the Hon'ble Supreme Court in case of smt. Yallawwa 3 .vrs. Smt. Shantayya reported in AIR 1997 SC 35, where it is held as under : “... It must, therefore, be held that after a decree of divorce is obtained by the petitioning husband against his wife she has right to file an appeal and such appeal does not abate on account of the death of the respondent-husband whether such death takes place prior to the filing of the appeal or pending the appeal. Similarly, if an ex parte decree of divorce is obtained against the wife and thereafter, if the husband dies, the aggrieved wife can maintain an application under Order IV Rule 13, C.P.C. even though the husband might have died prior to the moving of that application. In all such cases other legal heirs of the deceased-husband can be brought on record as opponents or respondents in such proceedings by the aggrieved spouse who wants such decree to be set aside and when the other heirs of the deceased-husband would naturally be interested in getting such decree confirmed either in appeal or under Order IX Rule 13, C.P.C. The second 4 alternative contention as canvassed by the learned Counsel for the appellant, therefore, stands rejected.” Since the relationship between the parties is admitted, the application for bringing the legal heirs of deceased respondent no.1 on record is allowed. Necessary amendment shall be carried out by the applicant by 24.03.2011. Thereafter issue notice to the proposed legal representatives, returnable on 07.04.2011. Shri S.Savdekar, Advocate for Proposed L.R.No.1, Shri T. Mandlekar, Advocate for proposed L.R.No.2 and Shri K.J. Mahajan, Advocate for proposed L.R.No.3 waive notice. Civil Application is accordingly disposed of. …...... Mrs. Deshpande, the learned Counsel for the appellant seeks time to file reply to the application filed by the proposed L.R. No.3. S.O. to 07.04.2011. JUDGE JUDGE Rgd