https://www.taxtmi.com/caselaws?id=190053 Substituted service by newspaper publication, used without adequate foundation and without prior ordinary service, was treated as insufficient in the facts, and sufficient cause existed to condone the delay in moving Order IX Rule 13 and set aside the ex parte divorce decree. The right to challenge a divorce decree survived the husband's death because a decree affects marital status as well as proprietary and succession rights, so the challenge did not abate and the legal heirs could be brought on record. However, once the ex parte decree was set aside after the husband's death, the original divorce petition could not continue, since no subsisting marriage remained to be dissolved and the petition had become infructuous. en-us Tue, 08 Oct 1996 00:00:00 +0530 Thu, 02 Feb 2017 15:49:53 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=190053 Substituted service by newspaper publication, used without adequate foundation and without prior ordinary service, was treated as insufficient in the facts, and sufficient cause existed to condone the delay in moving Order IX Rule 13 and set aside the ex parte divorce decree. The right to challenge a divorce decree survived the husband's death because a decree affects marital status as well as proprietary and succession rights, so the challenge did not abate and the legal heirs could be brought on record. However, once the ex parte decree was set aside after the husband's death, the original divorce petition could not continue, since no subsisting marriage remained to be dissolved and the petition had become infructuous. Case-Laws Indian Laws Tue, 08 Oct 1996 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=190053