Thottathil B.Radhakrishnan, J.
An estranged couple had two litigations. An award of maintenance was issued in one original petition by the Family Court, Alappuzha in favour of the wife. The husband's application for divorce was allowed. Admitting the appeal of the wife against that divorce decree, this Court had stayed the operation of the impugned judgment, as per order dated 26.11.2009 on I.A.No.1973 of 2009. Thus, during the pendency of the appeal, the marriage was intact. Pending the appeal, the husband died. The legal representatives of that person, other than the appellant, have been impleaded to represent his estate. When a matrimonial tie is snapped through a decree for divorce, consequences may follow. When that is suspended and if one of the spouses passed away during the interregnum, the consequence will be as if the Mat.Appeal.No.564/09 2 marriage has not been dissolved and the divorce did not get effectuated. We take this view in the very peculiar facts and circumstances of this case, after perusing the impugned judgment and noticing that the persons impleaded as the legal representatives to represent the estate of the deceased husband do not have any objection to the appellant wife getting all benefits that may accrue to her, as the widow, including family pension etc. Hence, the impugned judgment is vacated and O.P(H.M.A) No.1514 of 2005 of the Family Court, Alappuzha will consequently stand dismissed.
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(THOTTATHIL B.RADHAKRISHNAN, JUDGE) Sd/-
(BABU MATHEW P. JOSEPH, JUDGE) //TRUE COPY// P.A TO JUDGE DG