Report No. 136

4.14.4. Recommendation.-

In order to resolve the conflict on this vital issue, it is desirable to specifically provide in the Hindu Marriage Act by way of amendment that no appeal against the decree for divorce or nullity of marriage and no application made for setting aside an ex parte decree for divorce or nullity of marriage shall abate on the death, of the respondent's spouse. This amendment can be carried out by way of the insertion of a new sub-section as sub-section (5) to section 28 of the Hindu Marriage Act, 1955.