susheel 25 February 2017
Vijay Raj Mahajan (Advocate) 26 February 2017
Although the divorce case continues even after the death of your wife and her relative can take over in case there exists other materlistic issues like financial or property issues between both of you, but I will advise you to withdraw the divorce case proceedings and seek your share in her property as her living spouse because you and if you have children out of the marriage are first ones to inherit her property/estate before her parents claim it under the Hindu Succession Act,1956.
A.P.Loganathan (advocate Madras High Court) 26 February 2017
on the demise of your wife, your divorce petition become invalid and infructious
your divorce petition will be dismissed
Madhava Rao Gorrepati (Member State Committee) 28 February 2017
right to sue does not survive. the marraige is between two individuals. What would the parents of your wife do with the petition.?
susheel 28 February 2017
susheel 28 February 2017
A.P.Loganathan (advocate Madras High Court) 28 February 2017
this is a divorce case, related to only husband and wife so the proceeding in the court stop automatically the moment one of the spouse dies and no legal heir or relative can be permitted by the court to continue the divorce case
Adv A.P.Loganathan
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