Criminal Trident Pack: IPC, CrPC and IEA by Sr. Adv. G.S Shukla and Adv. Raghav Arora
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Ponarumugam (Executive)     20 July 2020

Wife deceased during case pending

Dear All,

I had filed H.M.O.P. in the year 2016 under Section 11 of the Hindu Marriage Act, to declare that the marriage took place between me and wife is null and void. My wife had filed  a case in 2016 against me under Section 9 of the Hindu Marriage Act for restitution conjugal rights.. My wife also filed a Maintenance petition which is also pending. 

Three cases are comibined and trial started in the year 2019 and I was trialed for 2 times and one more (last) chance is given to her to counsel. Later my trial need to proceed.

Now suddenly she is deceased in her house due to medical aliment. 

My question is as follows:

1. I have doubt in her death. Should I ask her cousel to submit the admission, discharge summary from hospital and death certificate?

2. What will be the judgement in the above all three cases which is combined as one and trial is going on? 

a. Null or Void
b. Divorce 
c. I would be declared as Widower 
d. Petition Dismissed (If petition is dismissed what will be my status)

2. Can I ask her Thali (Mangalsutra) from her family which I put to her

3. Her family cheated by hiding her first marriage and supressing medical ailment. Can I now suit a separate case against her family for supressing the fact and cheating me? 



Learning

 3 Replies

Shashi Dhara   20 July 2020

Keep quiet, the problem is solved easily ,don't heal it.it will be dismissed

ANAMIKA VICHARE (LAWYER)     21 July 2020

Matter gets abated, disposed off so.  No trial, No judgement.   you are bnow widower,  Problem solved


(Guest)

Sir,

The matter stands abated with respect to her (Q 1, 2 A, B, D). Interestingly, since you filed for declaring the marriage void, as no Hindu can legally marry again having a living spouse (assumingly what you say is correct) second marriage of your wife with you is void. So if you were never legally married then there can be no question of you becoming a widower.

2C, 2&3 (should have been numbered 3&4) my understanding is still you can file a civil suit against your in laws for a declaratory decree with regard to legal status of your marriage and also claim your belongings. Their criminality will be difficult to establish, if not impossible. But all this is easier said than done.

To be honest, I am unable to refer to any judgment regarding such a question. But technically if you are not allowed to declare your legal status then you will become a widower without getting married.  

Regards,

Abhishek Tiwari  


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