FACTS- The petitioner is the wife of one L. Ramakrishna, who was an ex-service personnel. The petitioner gets married to L. Ramakrishna on 20th April, 1987 and from the wedlock, they also have a girl child born on 08.07.1995, who is presently with the petitioner. The husband of the petitioner at the time of marriage was serving in the Indian Army and the petitioner lived in the matrimonial house along with the father and mother of the husband. The husband used to visit the house once in a year for close to two months. Things go on well till the husband submits his resignation to the Indian Army and comes out of the military service in the year 2006. After thehusband resigns the job and comes to the matrimonial house, the problems begin between the husband and his wife. It is the case of the petitioner that the husband used to pick up quarrel unnecessarily and when it became difficult to sustain, the petitioner registers a complaint against the husband and his family members for several offences.On the registration of complaint against the husband and his family members, the husband institutesdissolution of marriage, which had taken place 30 years ago.

The concerned family Court issues notice once and on the ground that the wife did not appear before the Court grants an ex-parte, decree of divorce. This was not known to the petitioner.When the petitioner gets the knowledge of grant of divorce, that too ex-parte, she files an application before the concerned Court under Order IX Rule 13 of the Code of Civil Procedure seeking recall of the ex-parte decree. The application was pending consideration before the Concerned Court. During the pendency of the application, before the decree could be recalled, the husband of the petitioner dies. On the death of the husband of the petitioner,an application is filed seeking to dismiss divorce holding it to be abated.The concerned Court closes the petition by dismissing the petition as abated. Therefore, there is no decree of divorce that is hanging on the head of the petitioner.

In that light, the petitioner submits a representation to the Sainik Welfare and Resettlement Department of the Defence seeking grant of an identity card being a widow of an ex-service personnel. The card is not granted ostensibly on the score that the petitioner was no longer a widow of the exserviceman, as she was divorced during the life time of the husband and, therefore, no consideration of the representation is yet to happen.

ISSUE-Whether stigma of Ex-Partedivorcehanging over the head of the wifeTo Deny Her Benefits Of Being Spouse Of Ex-Serviceman can be allowed?

OBSERVATION-The Karnataka High Court has held that a spouse of an ex-serviceman cannot be denied a grant of a widow identity card on the ground that an ex-parte decree of divorce against the wife was granted on a plea by the husband who passed away during the pendency of the application seeking recall of the ex-parte decree. High court allowed the petition filed by Parvathamma and directed the Joint Director, Sainik Welfare and Resettlement to issue the petitioner a widow identity card, within two weeks. She is entitled to all consequential benefits that would flow from the grant of the identity card.