Aniket Arun Dhatrak v. Shalaka Aniket Dhatrak
- Vaishnavi Majji
- Oct 3
- 2 min read
The case of Aniket Arun Dhatrak v. Shalaka Aniket Dhatrak in the Bombay High Court offers a compelling look into the legal chaos that can ensue when a spouse dies during divorce proceedings without a will.
Aniket and Shalaka Dhatrak had jointly filed for divorce under Section 13-B of the Hindu Marriage Act, 1955, on October 14, 2020. As part of the mutual consent arrangement, Aniket paid ₹2.5 lakh of the agreed ₹5 lakh alimony to Shalaka. However, before the second motion for divorce could be filed, Aniket passed away on April 15, 2021.
Following his death, Shalaka withdrew her consent and requested the court to dispose of the divorce petition. Meanwhile, Aniket’s mother and brothers filed an application to be impleaded as his legal heirs and sought the return of the ₹2.5 lakh paid to Shalaka. They argued that Aniket’s death did not nullify the legal proceedings, and the financial transaction should be reversed.
The Bombay High Court ruled that the right to seek a divorce is a personal one and dies with the individual. The court held that legal heirs cannot continue divorce proceedings on behalf of the deceased. Furthermore, it dismissed the application to retrieve the partial alimony payment, stating that since the divorce was not finalized, the mutual consent arrangement could not be enforced or undone.
This case underscores the importance of having a Will in place and clarifies that personal legal actions like divorce do not transfer to heirs. It also highlights how unresolved financial matters can lead to prolonged legal uncertainty and emotional distress for surviving family members.
Had Aniket made a Will before his untimely death, he could have ensured that his property and assets were distributed according to his wishes. A Will would have provided legal clarity, potentially avoiding disputes among his surviving family members and estranged spouse. Instead of resorting to intestate succession laws, which may benefit individuals he no longer intended to support, a properly executed Will would have given effect to his personal decisions regarding property and financial matters after his death.
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