Under Hindu law, after passing of a decree for judicial separation, if one of the spouses dies…

A decree of judicial separation under section 10 of the Hindu Marriage Act only relieves the spouses of the obligation to cohabit; it does not dissolve the marriage. The survivor therefore remains the spouse and "can inherit the property of the deceased spouse" on intestacy: a widow is a Class I heir of a male under section 8 of the Hindu Succession Act, and a husband is an heir of a female under section 15(1)(a). Neither the children's consent nor the court's case-by-case discretion is involved.