Content Provider | Supreme Court of India |
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e-ISSN | 30484839 |
Language | English |
Access Restriction | NDLI |
Subject Keyword | 1963 - s.34 - Maintainability of at the behest of a legal representative of a dead plaintiff Specific Relief Act |
Content Type | Text |
Resource Type | Law Judgement |
Jurisdiction | India |
Case Type | Appeal |
Court | Supreme Court of India |
Disposal Nature | Appeal Disposed Off |
Headnote | Specific Relief Act, 1963 - s.34 - Maintainability of at the behest of a legal representative of a dead plaintiff - Suit filed against defendant-respondent seeking declaration that defendant was not legally married wife of the plaintiff and has no right to claim the plaintiff as her husband inasmuch as the alleged marriage between plaintiff and respondent was not valid and also seeking permanent injunction against the defendant restraining her from disturbing him in office and otherwise - During pendency of suit,plaintiff died - Substitution of mother was allowed - However; order of substitution was set aside on the ground that after the death of plaintiff, no right to sue survived in favour of plaintiff's mother -Whether a suit filed under s.34 is maintainable at the behest of legal representative of a dead plaintiff - Held: The examination of the remedies provided and the scheme of the Hindu Marriage Act And of the Special Marriage Act shows that the statute creates. special rights or liabilities and provides for determination of rights relating to marriage - The Acts do not lay down that all questions relating to the said rights and liabilities shall be determined only by the Tribunals which are constituted under the said Act - s.8(a) of the Family Courts Act excludes the Civil Court's jurisdiction in respect of a suit or proceeding which is between the parties and filed under the Hindu Marriage Act or Special Marriage Ad, where. the suit is to annul or dissolve a marriage, or is for restitution of conjugal rights or judicial separation - It does not purport to barthe jurisdiction of the Civil Court if a suit is filed under: s.34 of the Specific Relief Act for a declaration as to the legal character ,of an alleged marriage - An exclusion of the jurisdiction of the civil courts is not readily inferred - Given the fact that a suit for declaration as to legal character which includes the matrimonial status of parties to a marriage when it comes to a marriage which allegedly has never taken place either de jure or de facto, it is clear that the civil court's jurisdiction to determine the said legal character is not barred either expressly or implicitly by any law - Family Court Act, 1984 - ss. 7, 8 - Hindu Marriage Act, 1955 - Jurisdiction of civil court. |
Judge | Hon'ble Mr. Justice R.F. Nariman |
Neutral Citation | 2017 INSC 860 |
Petitioner | Samar Kumar Roy (d) Through Lr (mother) |
Respondent | Jharna Bera |
SCR | [2017] 8 S.C.R. 269 |
Judgement Date | 2017-09-05 |
Case Number | 11200 |
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