Case of an adulterous evil minded wife
Hello,
With immense hope I am writing this case here.
All parties are governed by muslim laws.
A married B ( A Gazetted Engineer) in 1954. B later discovered that A had an adulterous & illicit relationship with C( her Jija ), who used to visit B's house when B was mostly on work duty in other towns. The neighbours of B later told B about the visit of C. B got very depressed, angry and shocked because of A's behaviour. They started having fights and arguments with each other. The relationship turned so acrimonious between them that no children were born out of their marital ties.
A later in 1969 eloped with C to Asansol and never returned back. This led B to file a formal divorce with A in 1969 which was formally affidavited in 1972. Children D, E,F, G, H (3 males and 2 females) were born because of A's adulterous relationship with C.
B, later consummated marriage with J on 1977. Out of their wedlock -K, L, M, N, P (3 males, 2 females) were born. J was a responsible wife and took utmost care of B. Meanwhile A filed maintenance case on B which was rejected by the court on ground of A's adulterous relationship with C. A, being a sinful and miffed person, in connivance with C attempted many unlawful activities like beating B publicly, forcibly removing B's belongings while he was out of town, mentally disturbing the parents of B and capturing B's ancestral property of Arrah district on grounds of being the proclaimed first wife of B. (B out of Public shame almost always kept mum over such atrocities committed by A in connivance with C). B always attempted to keep with A and her aides.
B later developed heart ailments, diabetes, hernia, hypertension and other age related problems. He nominated K,L,M,N,P in all his movable assets and jointly bought a flat in Lucknow with J as the joint name.
B retired from his job in 1992 and died in 1993 because of heart attack. On the very date of death, A turned up with 40-50 aides and removed many articles from B's home. She asked claim from the movable assets of B in which K,L,M,N,P were the nominees, J plainly refused. K,L,M,N,P were minors ranging from 7-14 years of age when B died.
53 days after the death of the B, A filed a TPS Suite-ABC/XY in Patna Civil Court making D,E,F,G,H as plaintiffs and J,K,L,M,N,P and 28 other financial institutions as the defendents. A succeeded in getting a "status quo" on all the assets of B.
Since 1993 till now, 24 years have passed. The current judge who is new has asked us to:-
1) Gather law points- Is A in this case is entitled to get any share of B's assets? Major point on rights and duties.
2) Case citations if any.
I will be very thankful if you can give your expert opinion on this matter.
Regards,