Can one get a posthumous annulment or divorce in India if you are Hindu?
Death of the petitioner e.g. your son brings this divorce case to an end. She remains his surviving wife, the legal heir & shareholder of all his property if he died without any legal will. Nothing under the Hindu Marriage Act, 1955 brings to end automatically such a marriage even if they lived over 7 years separate to each other & not heard about as alive, as this can only be a ground according to section 13(vii) of the Act for seeking divorce & until the sufficient evidence is produced before the court to prove this ground the decree of divorce can not be granted. But in your case the son/petitioner died during the pendency of this divorce case hence it cannot be said to have been finally decreed as divorce by the court of proper jurisdiction. Write to me directly for more guidance.
