Santosh Patne 10 April 2018

divorced wife challenging decree of divorce after husbands death for Family pension

1st wife has been divorced, 2nd wife is died and 3rd wife is getting the family pension .

Now the divorced 1st wife is objecting the grant of family pension to 3rd wife, saying that the decree of divorce has been obtained by fraud & misrepresentation played by her late husband.

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Vijay Raj Mahajan (Advocate) 11 April 2018

Appeal against the decree of divorce is already time barred as it should have been done within 90 days of such order of the district court/family court. Secondly, the setting aside of ex-parte decree of divorce can also need to be justified for not done at earliest rather waiting for another 2 marriages of the husband and after his death. No justified ground seems to be with such divorced first wife.