abhirajsairam (professinal) 21 December 2009

can appeal

exparty decree is obtained by the husband in metrimonial matter and otherside challenged the said judgement and while appeal is pending husband is expired. what is the effect of death of the husband on appeal.

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12 Replies

Raghav Sood (Lawyer) 21 December 2009

appeal abeted

Arvind Singh Chauhan (advocate) 21 December 2009

Yes abated.

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NANDKUMAR B.SAWANT.M.COM.LL.B.(MUMBAI),ADVOCATE

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REGARDING THE MATTER KINDLY NOTE THAT

1.EX PARTE ORDER OBTAINED BY HUSBAND, SAID ORDER IS CHALLENGED BY OTHER SIDE IN APPEAL AND HUSBAND EXPIRED.

2.KINDLY SEND DETAILS ABOUT THE EXPARTE ORDER AND CLAIM OF WIFE AS IT IS NOT MENTIONED.

3.KINDLY NOTE THAT CLAIM FOR MAINTAINENCE OF WIFE AND CHILDREN IS PROTECTED EVEN AFTER DIVORCE. THERE ARE CITATIONS ON THIS MATTER.

YOU MAY KINDLY SEND EXACT DETAILS OF EXPARTE ORDER PASSED AND CLAIM OF WIFE SO THAT DETAILED ADVISE CAN BE GIVEN.

WITH BEST REGARDS TO YOU YOUR FAMILY AND FRIENDS.

Sanjay chv (-) 21 December 2009

The husband's death should be proved in the court to abate the appeal. People think of this option to get rid of contesting the case in court but beware if it is not true !

ajks061970 (club member) 21 December 2009

Everyone will try this option if court is relying on such statements that the defendent who has already got the ex parte order, is dead now :) it clearly shows the intenstion because the defendent (here the husband) is benefial of having one order in hand so seems like trying to rescue from the case. And many cases may be filed if the person is live....... :)

V.G.Rao Advocate (Advocate) 21 December 2009

unless the details of relief is known, proper advise cannot be given, Dear abhiraj sairam give the details of your/her prayer in the matter to advise you whether any order passed under exparte decree is executable or not.

Parveen Kr. Aggarwal (Advocate) 21 December 2009

By mere death of husband the appeal shall not abate because the Judgment in a divorce case is not a judgment in personam but a judgment in rem. The appeal can still be proceeded with.