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Divorce petition pending and one of the Spouse is not alive


02-Oct-2023 (In Divorce Law)
Wife filed a divorce petition making all false allegations against husband and family.As we all know in the Lawyers community there is a template with all allegations so this is exactly same with list of allegations and there is no truth in any.The wife died due to heart attack few months ago as she was already suffering with a heart valve issue which was not revealed to husband before marriage and the court hearing is next week.As wife is not alive so in this case should the husband has to prove that all allegations are false or the case gets dismissed when one of the spouse is not alive ?
Answers (3)

Answer #1
979 votes
if it is divorce case then you dont have to prove anything in that reagrd and the case shall be dismissed by only filing an application to that pretext and also you do not have to prove anything but if the case is domestic violence then you to prove it
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Advocate Brahmanand Dube

Adv. Brahmanand Dube

LawRato Navi Mumbai | 400+ Answers
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Answer #2
561 votes
Well, if no criminal cases have been filed and a mere Divorce Petition is pending, then as your Spouse is no more, Court Case will be dismissed for once and all. So, no worries are left for you. Be Relax.
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Advocate Pankaj Bajaj

Adv. Pankaj Bajaj

LawRatoMumbai | 1000+ Answers
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Answer #3
995 votes
hello, when the petitioner wife is no more then your matter may get dismissed or becomes infectious. you can move an application along with the death certificate of wife that the petitioner is dead and matter cannot be proceeded against the respondent husband.
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Advocate Harshad Garud

Adv. Harshad Garud

LawRatoPune | 400+ Answers
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