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2017 Supreme(SC) 1091

ROHINTON FALI NARIMAN, SANJAY KISHAN KAUL
Samar Kumar Roy (D) Through Lr (Mother) – Appellant
Versus
Jharna Bera – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Gourab Banerji, Mr. Sahil Tagotra, Mr. S.P. Mukherjee, Mr. Arjun Krishnan
For the Respondents: Mr. Rabin Majumder, Mr. Joydeep Mukherjee, Ms. Antima Bazaz

Judgement Key Points

Based on the provided legal document, the key points are as follows:

  1. The suit filed by the plaintiff was under the Specific Relief Act for a declaration of the legal character of the alleged marriage, and not under the Hindu Marriage Act or the Special Marriage Act (!) (!) .

  2. The plaintiff died during the pendency of the suit, and the question arose whether the legal representatives, specifically the mother, could continue the suit (!) .

  3. The legal position, supported by legal principles, indicates that suits for declaration of legal character or status, including matrimonial status, can be continued by the legal representatives of a deceased plaintiff, as such suits are not inherently matrimonial proceedings under the Hindu Marriage Act or the Special Marriage Act (!) (!) .

  4. Jurisdiction of civil courts to entertain such suits is generally maintained, provided the suit is not one specifically barred by law or by the scheme of the relevant statutes. The jurisdiction is not barred solely because the suit concerns matrimonial status or the validity of a marriage (!) (!) .

  5. The law recognizes that suits for declaration of legal character or status, including those related to marriage, are distinct from matrimonial proceedings and are maintainable in civil courts, even when filed or continued by legal representatives after the death of the original plaintiff (!) (!) .

  6. The relevant statutes do not explicitly restrict third parties or legal representatives from pursuing such declaratory suits, and the scheme of the law supports civil court jurisdiction in these matters (!) (!) .

  7. The jurisdiction of civil courts to entertain these suits is further supported by the absence of an express exclusion in the law, and the nature of the relief sought—declaratory in character—falls within the civil court's competence (!) (!) .

  8. In conclusion, suits for declaration regarding the legal character or status of a marriage, filed under the appropriate civil law provisions, remain maintainable even after the death of the original plaintiff, and can be continued by their legal representatives, unless explicitly barred by law (!) (!) .


JUDGMENT :

R.F. Nariman, J.

1. Leave granted.

2. The present case arises out of a Title Suit filed in January, 2006 by one Samar Kumar Roy against Smt. Jharna Bera. The suit is instituted as a Title Suit under Section 34 of the Specific Relief Act, 1963 for a declaratory decree, and under Section 38 of the Specific Relief Act, 1963 for perpetual injunction. According to the plaintiff, the father of the defendant was a senior employee under the Directorate of Employment Exchange, Government of West Bengal. The plaintiff was a junior employee under the same Directorate. According to the plaintiff, by blackmail and coercion, a show of marriage was arranged by the defendant's father with the plaintiff by registration of the said marriage under the Special Marriage Act, 1954. The averments in the plaint are that no essential ceremonies of a Hindu marriage were performed and that there was no consummation of the said marriage thereafter. After narrating a litany of wrongs by the defendant, the plaintiff asked for the following reliefs:

A. A decree of declaration that the defendant is not legally married wife of the plaintiff and that she has no right to claim the plaintiff as her husband ina




























































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