What amounts to divorce.
robert
(Querist) 16 March 2012
This query is : Resolved
Does a long separation from husband till his death for a period of 13 years amounts to divorce? And if not then they being from a Hindu family can she claim for a landed property which belongs to that husband.
Deepak Nair
(Expert) 16 March 2012
Such a long seperation is called desertion by which the wife loses right to be the wife of the said husband.
V R SHROFF
(Expert) 17 March 2012
Even after separation, she retain her right as wife, of any property that her husband left behid him at the time of death, and in absence of will, she get all proerty right
adv. rajeev ( rajoo )
(Expert) 17 March 2012
It amounts to desertion, but civil court decree for divorce is necessary.
During the life time of the husband wife cannot claim any share in the husband's property. If there will be division amongst husband and sons then one share will be alloted to the wife.
Guest
(Expert) 17 March 2012
Divorce is not an automatic event for long desrtion of wife unless declared by a court of law on application. If not legally divoced, the wife would still remain a legal claimant to her share in her husband's property after the death of her husband, even after remaining separate for such a long period of 13 years.
ESTHERPRIYA
(Expert) 17 March 2012
If you are not legally divorced then as a wife you can legally claim lion's share of the property belonging to your husband.
SAINATH DEVALLA
(Expert) 17 March 2012
Dear Mr.Robert,
Only if they divorced officially and a settlement has been made by the husband to the wife at the time of divorce,then only she loses her right over his property or any such things.Mere living seperately does not restrict her from claiming her share in his property.Is the husband alive or dead?
robert
(Querist) 17 March 2012
Sir, Devalla actually husband has already expired leaving behind no issues except the so called wife. Is it also applicable amongst Christian. Please reply.
Guest
(Expert) 18 March 2012
Dear Robert,
The principles of law in general do not have any discrimination for different communities of society.
