My son died whilst fighting for a divorce that his wife a gold digger would not give him. They lived separately for over 7 years and she would not sign the papers, then he died. If they lived separately at her insistence for over 7 years does that constitute a divorce even the actual papers could not be filed. A lot is riding on this because she now wants all his assets!!
2007-03-19 05:59:51 · 3 answers · asked by jon l 2 in Family & Relationships ➔ Marriage & Divorce
Death of the petitioner e.g. your son brings this divorce case to an end. She remains his surviving wife, the legal heir & shareholder of all his property if he died without any legal will. Nothing under the Hindu Marriage Act, 1955 brings to end automatically such a marriage even if they lived over 7 years separate to each other & not heard about as alive, as this can only be a ground according to section 13(vii) of the Act for seeking divorce & until the sufficient evidence is produced before the court to prove this ground the decree of divorce can not be granted. But in your case the son/petitioner died during the pendency of this divorce case hence it cannot be said to have been finally decreed as divorce by the court of proper jurisdiction. Write to me directly for more guidance.
2007-03-19 18:44:10 · answer #1 · answered by vijay m Indian Lawyer 7 · 0⤊ 0⤋
All legal proceedings abort on the death of a party thereto. However there was not a divorce due to that death. Soon upon the death of a spouse, the other becomes free to remarry. Marriages neither cease nor require any renewal after 7 years. The living spouse will inherit succession of the deceased but not the whole.
There is no concept of divorce in Hinduism. Hindu marriages are performed between their souls (not bodies) in heaven (not upon earth) in presence of 330 million gods and goddesses. Indian Government enacted Hindu Marriage Act in 1955 and created a chance for divorce to be granted by secular courts. Despite such legislations and courts' divorce judgements/decrees, their spiritual wedlock remains intact being eternal, everlasting and unbreakable even in future rebirths. Despite marriage with others after divorce, wife continues Ardhangini (half body) of her former husband and he continues her Pati Parmeshwar (Lord).
2007-03-19 11:12:33 · answer #2 · answered by Anonymous · 0⤊ 0⤋
PLEASE call someone in your city that would know right now!!!!!!!!!!!!
2007-03-19 06:03:36 · answer #3 · answered by rhonda_seiler 6 · 0⤊ 0⤋