Legal Question in Family Law in India
Case of a Hindu couple.
The first motion is filed.Husband is abroad.So divorce is through his dad by way of POA.
The streedhan and 70% of the settled money have been given already.Remaining money is to be given on 2nd motion that's after 6 months,as per settlement terms.
Now before the second motion,if the husband dies,will the wife still be entitled to get this remaining money?
Because now her status is that of a widow.So can anyone say that a widow does not claim alimony?
She's not interested to claim any rights as a widow;only the remaining money that's due to her.
Please advise
2 Answers from Attorneys
what to talk of alimony, widow would be entitled to every thing belonging to the husband, if husband died intestate. Secondly, if husband died leaving behind a WILL, then she may not be entitled to any thing.
depends whether he dies intestate or makes a will