Husbands Death During Pendency Of Appeal Filed By The Wife Challenging Divorce Decree Does Not Stand Abated
- In a recent judgement passed by the Hon’ble Karnataka High Court, it was held that if a wife challenges a divorce decree passed in the husbands favour by the family court and during the pendency of appeal, the husband expires, then the wife’s appeal challenging the family courts divorce decree does not stand abated.
- The Hon’ble Karnataka High Court allowed wife’s appeal and has set aside the divorce decree passed by the family court against the wife on the ground of cruelty.
- A divorced women do not have any rights in her ex-husband’s properties and retirement benefits; however, a widow is entitled to all the benefits.
- In another case the Hon’ble Delhi High Court allowed wife’s appeal against the mutual consent divorce decree passed by the family court in her absence. In the said matter also, the husband had expired during pendency of appeal and the Hon’ble Delhi High Court allowed wife’s appeal.
This article is researched and authored by Advocate Aarun Chanda practicing at Mumbai & Pune
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