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Can a case be filed for dessertion of wife


06-Apr-2023 (In Family Law)
X marries Y and live for 28 yrs together in Chennai. Later as X becomes a drunkard, X and Y legally get mutual divorce as per Hindu Marriages Act 1955 as on 31.07.2007 Later X marries Z and settles in Kerala in Dec 2007. On 01.08.2012 X gets admitted in an hospital in a drunkan state and Z gives the hospital officials Y contact details and abandons X in the hospital. When the hospital officials calls Y she says she has nothing to do with X and for payment of hospital bills extra you may call Y Hosipital calls Y and Y goes and settles the bills and brings X back home in Dec 2012 and X dies in 2016 after living with Y for more than 4 yrs. All final hindu rites are done by her son and she starts to gets family pension for 4 months Now Z claims for the family pension of X stating she is the legal wife and she alone is eligbible for pensin wheras she has deserted him in 2012 and her wherabouts where not known CAN -Y- FILE A CASE OF DESERTATION in the absence of Z who has expired
Answers (2)

Answer #1
813 votes
Hi, Unless the competent family court dissolves the marriage, the legal status of Z subsists and as a legal partner, she is entitled to claim maintenance and as X expired, his retrial benefis will accrue to Z.
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Answer #2
846 votes
If Z whereabouts are not known, then Y is eligible for the pension of X.... you have to see the nominee who have been appointed by X.. desertion can be filed only by wife upon the husband or the husband upon the wife..
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