Divorce
Guest
(Querist) 31 July 2013
This query is : Resolved
A Muslim husband pronounced talaq for his wife. The wife left the house. After sometime, the husband started disputing talaq. The matter went to Court. Before evidence could start, unfortunately, the husband died in an accident. What view can Court take in this situation.
Guest
(Querist) 31 July 2013
Nadeem Sir, I have not understood the meaning of "the case will be abet". Kindly explain the status of that lady.
prabhakar singh
(Expert) 31 July 2013
Typing error.He meant abate.since husband died the cause of action now do not survive
HE MEANT ON FACTS STATED.
R.K Nanda
(Expert) 31 July 2013
COURT WILL DISMISS THE CASE WHICH MEANS END OF CASE.
Guest
(Querist) 31 July 2013
Sirs, kindly advise whether status of that lady will be treated as "divorced" or "widow" in above circumstances, if court dismisses the case.
R.K Nanda
(Expert) 01 August 2013
it will be widow.
Guest
(Querist) 01 August 2013
Sir, but the lady wants status as Divorced as Talaq was pronounced. Please advise what steps she should take.
ajay sethi
(Expert) 01 August 2013
what differnce it makes to lady now . her husband is dead . she is free now
Guest
(Querist) 01 August 2013
But she does not want to be called Widow as she got divorce legally.
V R SHROFF
(Expert) 01 August 2013
Let Wife file suit for Declaration [MA]that she is Divorced, and not a Widow.
Court will decide after evidence.
Guest
(Querist) 01 August 2013
Shroff Sir, Kindly advise what MA stands for.
V R SHROFF
(Expert) 01 August 2013
Miscellaneous Application
Guest
(Querist) 01 August 2013
Sir, can lady not take up the issue of divorce in the same case, which is already pending before the court for the same marital status i.e. "Divorced".
Guest
(Querist) 13 August 2013
Sirs, the opinions of honorable experts are awaited on the issue. The lady wants status of 'divorced' and not 'widow'. The suit is already pending in the court for declaration and fixed for Plaintiff evidence on ex-parte basis. Shroff Sir,also told about declaration suit The Defendant is no more, which fact is true but plaintiff cannot produce any proof in the court. She also does not want to file a separate case, which otherwise also may or may not be allowed.
How she should proceed in this case to get declaration as 'divorced' as she has enough proof with her to prove her point in the court.
Devajyoti Barman
(Expert) 15 August 2013
If she wants her status as divorcee then let her use such status. Who is restraining her from claiming her to be so?
Guest
(Querist) 15 August 2013
Passport authorities want document.What document she can produce to passport authorities for such status to be mentioned in the passport.
ajay sethi
(Expert) 15 August 2013
do you have any evidence of talaq ? rely upon the same
