LawRato

How to deal with Mutual Divorce when husband died after first motion


20-Sep-2023 (In Divorce Law)
Mutual consent filled part amount settled.with in one week husband met accident.balance amount settle by husband family.how to disqualify legalheirship to wife side since the husband died
Answers (3)

Answer #1
696 votes
Unless there is a decree nullifying the marriage, the wife is a class one legal heir of her husband. Since, in your case a mutual consent was filed and pending the mutual consent the husband has died, his wife is a legal heir of the deceased. So, her name will be definitely find place in the legal heir certificate, but if you want a declaration that she cannot be a legal heir of the deceased you must approach appropriate forum of law, which an advocate will guide you...

LawRato


Answer #2
937 votes
Unless there is a decree nullifying the marriage, the wife is a class one legal heir of her husband. Since, in your case a mutual consent was filed and pending the mutual consent the husband has died, his wife is a legal heir of the deceased. So, her name will be definitely find place in the legal heir certificate, but if you want a declaration that she cannot be a legal heir of the deceased you must approach appropriate forum of law, which an advocate will guide you...
Answer #3
591 votes
the wife can claim the status of wife not a divorcee because the husband has died without obtaining the divorce. so the husband and wife relationship is still existing even the amount is settled. that is the legal position.

Disclaimer: The above query and its response is NOT a legal opinion in any way whatsoever as this is based on the information shared by the person posting the query at lawrato.com and has been responded by one of the Divorce Lawyers at lawrato.com to address the specific facts and details.

Report abuse?

Comments by Users

No Comments! Be the first one to comment.

"lawrato.com has handpicked some of the best Legal Experts in the country to help you get practical Legal Advice & help."