Status of mutual divorce if husband died before 3rd motion

639 votes

Sir/Madam,

Normally the court did not pass order and either spouse expired then, the matrimonial life will treated as continues as such if the wife lost her husband , she becomes widow and eligible for claiming the share in property of the husband and vice versa.

Advocate B. Thirunavukkarasu LawRato

740 votes

Since the husband died before the Divorce was granted, she is still the legally wedded wife of that husband. She has all the rights in the family of her husband including his self earned immovable properties and any terminal benefits from his Company including gratuity & Provident Fund. If you are in Chennai, you can contact me for a detailed discussion so that I can give a clear and proper guidance.

Advocate Suchit Palande LawRato

533 votes

Hello,

Once the spouse dies,the question of divorce does not arise. As the dispute is civil in nature, then the dispute is abated once the party dies..

You may contact me with the exact specific details of your case.

Regards,
Aditya S

LawRato LawRato

255 votes

If a spouse passes away before the Final Order is made, the order will not be binding on the other side. If inadequate provisions were made, the surviving partner can file a claim in accordance with The Inheritance Act (Provision for Families Dependants).

Advocate Chikirsha Mohanty LawRato