In India, your date of death could be earlier than the date of final order in divorce proceedings. In a recent case from Uttarakhand a woman who had been fighting for divorce from her husband, promptly applied for his job upon his death, claiming her status as ‘legally married wife’.
The same was contested by deceased husband’s brother.
Sarita got married to Hari Sevak in the year 2013. However, within two years of marriage, Sarita initiated divorce proceedings accusing her husband of being an alcoholic.
Hari Sevak who worked as a chowkidar at a TB hospital in Nainital, died at the age of 40 in the year 2019. The divorce matter remained pending through these years, and Sarita, though separated, remained legally married wife of her deceased husband.
Taking advantage of her marital status on paper, Sarita now applied for compassionate appointment of job after the passing of her husband.
Opposed by Husband’s Brother
Sarita’s appointment was challenged by Hari Sevak’s brother Amit Kumar, claiming that it was him who deserved the job appointment since his brother was already separated from his estranged wife and there was an ongoing divorce case between the couple. While Kumar approached the Uttarakhand High Court in the matter, he too passed away in October this year.
Uttarakhand High Court
Following the developments in the case, the Uttarakhand high Court granted compassionate appointment to Sarita since she remains the legally married wife of the deceased, which paves her way for compassionate appointment.
The single bench of Justice Pankaj Purohit thus ordered,
For the compassionate appointment, the first and foremost claim is always of the wife of the deceased government servant.
Moreover, the mess that her brother-in-law created, has now come to rest due to his demise. The hospital’s chief medical superintendent is directed to consider her claim for compassionate appointment within six weeks.
Voice For Men India:
- Some women can be the greatest opportunists when it suits them
- Matrimonial laws largely favour only the wives and thanks to the pace of our judicial system, husbands and their families suffer the brunt for life
- Coming to the current case, a woman who barely lived with her husband for two years, was prompt to grab his job citing compassionate appointment
- A wife may detest her husband & his habits, but his job, his assets, his money are never rejected
- Its time GOI makes clear distinction of inheritance and succession, between married Vs separated/divorced couples
- In most cases, disgruntled wives refuse to grant divorce for decades, only to claim their legal share in husbands’ assets after their death
- One of the best solutions to secure a man’s assets against estranged wife is to register a WILL clearly mentioning all facts of the ongoing divorce case
Can Wife Backout From Divorce After Receiving Alimony? | Bombay High Court | Voice For Men India
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#Uttarakhand | Husband Dies During Ongoing Divorce Case; Wife Promptly Applies For His Job As Compassionate Appointment
2015: Wife files divorce
2019: Husband dies, divorce pending
2019: She applies for his job as "legally wedded wife"https://t.co/eEIg6UYpsc
— Voice For Men India (@voiceformenind) January 4, 2024
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