What should be done to this Judge and Judgement?

Querist : Anonymous (Querist) 30 July 2010 This query is : Resolved
Case Details: One Couple(Wife and Husband) got separated since 8years because of serious differences thus both of them don`t bother to know what is happening at either end that is the intensity of strain in relationship and unfortunately Husband died on 2009 which wife does not know and filed for Cr.P.C 125 in 2010 against husband and got an Ex-parte Order as the Notices were received by the Parents?

Now the question is What should be done to this Judge and his wisdom of Judgement?

Follow Query

Report Abuse

Daksh (Expert) 30 July 2010
Dear Anonymous,

I could not make out head or tail or your mail. It is obvious after reciept of notices by the parents of the deceased the process of justice will move mechanically and evidently the ex parte order is the outcome.

There is nothing wrong to this order/judgement and what is the cause of questioning the wisdom of judgement under the circumstances more so when the law provides that after the death of the husband the wife has a right to seek maintenance from her in laws as well.

Best Regards

Daksh

Daksh (Expert) 30 July 2010
Addendum :

I forget to add that there is nothing on record to say and suggest that the fact of death of the husband already forms part of the record of the court file as such there is nothing wrong in the order/judgement.

Best Regards

Daksh

adv. rajeev ( rajoo ) (Expert) 30 July 2010
any order passed against the dead person is not valid.

Guest (Expert) 30 July 2010
Sh. Daksh

I like to understand how under S. 125 CrPC if husband dies the wife (means DIL) can claim maintenece from her ex Husband parents as you say in your first message !

Also like to understand under which Maintenance Law maint. can be awarded from the pocket of dead husband's parents to widow DIL as you say in second para?

May be some typo committed in your reply ?

Rgds.

c n vittal rao (Expert) 30 July 2010
both experts are right there is prima facie nothing in the judgement that can be faulted yet even a judgement sound in itself cannot be enforced against adead person if the judjement gives the petitioner a claim against the estate of the deceased she can then proceed against the estate to redress her claim

G. ARAVINTHAN (Expert) 31 July 2010
the parents should have informed that their son died and have returned the notices.

Court has followed the procedures and that is right.

Judgment is not valid as it is against a dead person

N.K.Assumi (Expert) 31 July 2010
No doubt the Judge can decide rightly or wrongly and no one can dictate him, as long as it does not prick his erudite judicial conscience subject to appeal by the aggrieved party.But i have never come across a single Judgment passed against a dead man for execution from the grave.

s.subramanian (Expert) 01 August 2010
yes. i agre with arvind.

Previous

Next

You need to be the querist or approved LAWyersclub expert to take part in this query .

Click here to login now

Similar Resolved Queries :

Ask Query
Unanswered Queries