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rakesh   23 February 2016

Divorce after death

My father was fighting a divorce case for 19 years. At one instance father got divorce ex parte however the order was reversed. My father had filed for divorce stating physical and mental cruelty against my mother, however the order was restored stating my father failed to produce mental ilness proof.

My father also added adultery to the original petition as my mother was living with someone. Mothers live in partner was appearing in court as lawyer.

My father committed suicide due to the mental torture by my mother and her livin partner and court proceedings. 

He always wanted divorce and never wanted to give a single penny to my mother due to adultry, however he always complied with court order and was paying interim maintenance. 

As a son, Its my wish that dad should be granted divorce and my mother should have no right to his assets.

I have asked many lawyers everyone says since my father is no more, the divorce case dies too, my mother would get share in my fathers assets.  I dont want this to happen. Kindly advise. 

Please help me get justice. Also to be noted my mother has filed a maintenance against me as well. 

 



Learning

 3 Replies

rakesh   23 February 2016

Thankyou Mrs Renuka & TGK reddi for your response. I have tried the path of settlement, the demand is full property plus 70 Lakhs, demands are highly unreasonable. Also, I have been called to Police station my mother had ficitiously alleged that death of my father is UN Natural and I murdered my father also, my fathers relatives had poisoned him to death. There is no ioata of any remorse in my mothers mind. I have been dragged to family court every other day for maintenance.   Im sharing the case no of my dad its OP69/97 in 3rd additional family court and mine is mc169/09. At this juncture I dont want to pay a single penny to my mother. Ideally I want divorce granted for my dad Courts have done real injustice to him in the name of justice to my mother. My father had even filed detective report stating adultry, yet never took cognizance of that, court just asked him to give interim maintenance. Even High court had given direction to the family court to finish off the case in 6 months, but the family court never complied. I feel my dad was killed by our Justice system and I want divorce for him eventhough he is dead...

rakesh   23 February 2016

Attaching the final memo of my dad to the family court...Yet court never ever cared for his arguments...He should be granted divorce


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  • Vijay Raj Mahajan (Advocate)     24 February 2016

     

    No valid decree of divorce exists and no appeal against the same filed by the respondent spouse opposing the divorce, no abatement will be allowed to heirs of the deceased petitioner.

    The mistake that the father made that he did not make a Will with regard to his property before his death, by doing so he could have disinherited his wife to claim her share in his property after his death, but now she gets a share in his complete property/cash/estate as the case may be while his mother get one share if she is alive and so will all his children get one share each if this case is with regard to Hindus.


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