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husband died before getting judgement for divorce by mutual consent


08-Jan-2023 (In Divorce Law)
both the parties are hindus and have file petition for divorcee by mutual consent. they have signed a MOU in which both the parties waived off their rights against each others properties and possesion and said they don't have claim against each other and have lived together for 11 months since their marriage after which they live seperately in seperate houses and want a divorce from each other. they filed a petition after 2.5 years for divorce. suddenly husband dies by suicide after 4 months of filing petition with the suicide note against his wife and her family members. husband owns properties settled by his father in his son's name having only the rental rights for father. who will b the legal hier.? how far does the MOU s valid..?
Answers (2)

Answer #1
703 votes
It is a complicated scenario. The wishes of the husband had already been brought in writing and the same will stand. Different views are taken in such cases. The divorce proceedings stand abated due to death of a party is one view. The divorce proceedings may continue through legal heirs is another view. However, the suicide note left by the husband will decide further course of action.
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Dr. S. Diraviam Dinesh

Dr. S. Diraviam Dinesh

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Answer #2
587 votes
mou is not at all valid. the suit for declaration of mou as valid to be filled. since the husband was died and a noting was made to that effect the declaration suit is the only the way for getting the MoU as valid
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Advocate Murali Krishnan Sanjeevi

Adv. Murali Krishnan Sanjeevi

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