Dilemma
Kuummaar AS
(Querist) 09 August 2013
This query is : Resolved
plaintiff filed case for divorce against her husband, who did not care and proceedings are going on ex-parte. It has been heard by wife that unfortunately the husband has died. She does not have any proof but position is correct. In these circumstances
1, What should wife do regarding court proceedings.
2. What legal right her in-laws have over her now.
R.K Nanda
(Expert) 09 August 2013
1.unless u file death certificate of ur husband court proceedings will continue.
2.still ur their daughter- in- law.
V R SHROFF
(Expert) 09 August 2013
Withdraw the case .
Matter over!!!
Of couse, u r WIDOW, NOT DIVORCEE.
prabhakar singh
(Expert) 09 August 2013
Once a party come to know about death of another party it needs to be communicated
to the court.Your alimony and maintenance rights are still intact hence other heirs of husband would be substituted for adjudication of your petition.So long no divorce decree is passed by court ,your status would be that of a widow.
Kuummaar AS
(Querist) 09 August 2013
Thanks Sirs.
Suppose case is withdrawn and status remains widow. But if she does not want any of her rights from heirs of husband and wants to live life as per her will, can heirs of husband interfere in her life legally. Means, what rights heirs of husband have in such case,
R.K Nanda
(Expert) 09 August 2013
they cannot interfere in her life.
R.K Nanda
(Expert) 09 August 2013
moreover,ur welcome.
prabhakar singh
(Expert) 09 August 2013
She would be free to live her own life the way she wants without any interference from
Her deceased husband's heirs and shall be free even to remarry.
Kuummaar AS
(Querist) 09 August 2013
I am grateful for advice Nanda Sir, Singh Sir and Shroff Sir.
R.K Nanda
(Expert) 09 August 2013
thanks for ur good remarks.
