arrears of maintenance if wife dies during litigation?
Querist :
Anonymous
(Querist) 23 March 2022
This query is : Resolved
Arrears of approximately 2 lakh was pending toward maintenance by husband’s before high court in appeal for petition of divorce. But during the course of litigation wife dies and she was not having any child when she died. Now who can get the arrears as she was living with her parents during the course of litigation or the petition becomes infructuous ?
kavksatyanarayana
(Expert) 23 March 2022
If your ex-in-laws ask for the arrears then you shall pay the same otherwise not necessary. But say this to your own lawyer who can guide you the best.
Dr J C Vashista
(Expert) 24 March 2022
The maintenance was awarded to deceased wife, during her life time, which has to abate.
Advocate Bhartesh goyal
(Expert) 24 March 2022
Yes,maintenance was awarded to wife and after her demise petition becomes infructous, no one can claim pending arrears.
P. Venu
(Expert) 14 April 2022
In my understanding, the legal heirs of the deceased wife can claim the arrears.
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