exparty decree is obtained by the husband in metrimonial matter and otherside challenged the said judgement and while appeal is pending husband is expired. what is the effect of death of the husband on appeal.
REGARDING THE MATTER KINDLY NOTE THAT
1.EX PARTE ORDER OBTAINED BY HUSBAND, SAID ORDER IS CHALLENGED BY OTHER SIDE IN APPEAL AND HUSBAND EXPIRED.
2.KINDLY SEND DETAILS ABOUT THE EXPARTE ORDER AND CLAIM OF WIFE AS IT IS NOT MENTIONED.
3.KINDLY NOTE THAT CLAIM FOR MAINTAINENCE OF WIFE AND CHILDREN IS PROTECTED EVEN AFTER DIVORCE. THERE ARE CITATIONS ON THIS MATTER.
YOU MAY KINDLY SEND EXACT DETAILS OF EXPARTE ORDER PASSED AND CLAIM OF WIFE SO THAT DETAILED ADVISE CAN BE GIVEN.
WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.
Sanjay chv (-) 21 December 2009
ajks061970 (club member) 21 December 2009
V.G.Rao Advocate (Advocate) 21 December 2009
unless the details of relief is known, proper advise cannot be given, Dear abhiraj sairam give the details of your/her prayer in the matter to advise you whether any order passed under exparte decree is executable or not.
Parveen Kr. Aggarwal (Advocate) 21 December 2009
By mere death of husband the appeal shall not abate because the Judgment in a divorce case is not a judgment in personam but a judgment in rem. The appeal can still be proceeded with.
Arvind Singh Chauhan (advocate) 22 December 2009
Parveen Sir! thanks for genuine knowledge, and suggession.
AYYALASOMAYAJULA MURALI (POSTAL ASSISTANT ) 22 December 2009
totak picture is called on issue with side efects
Swami Sadashiva Brahmendra Sar (Nil) 22 December 2009
The appeal will servive for the purposes of property rights including maintenance and rights of children if any.
sunil pagare (lawyer) 22 December 2009
pravin sir is right , it will decide the rights of the wife in husband's property