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HARISH TANDON, PRASENJIT BISWAS
Priyadarshini Mallick – Appellant
Versus
Avra Sen – Respondent
JUDGMENT :
HARISH TANDON, J.
1. The aforesaid two appeals are taken up together having a common thread in relation to the maintainability of an appeal under the relevant law. FAT 271 of 2023 is at the behest of the wife who emerged successful in a proceeding initiated by her for dissolution of marriage and FAT 327 of 2023 is filed through a next friend of the minor son of the parties to FAT 271 of 2023 assailing the selfsame judgment and decree passed by the Court below granting divorce.
2. A plea of maintainability of an appeal in both the matters is taken up contesting the respondent on two scores firstly, the appeal filed by the wife assailing a decree for dissolution of marriage is incompetent and not maintainable as she cannot be regarded as an “aggrieved person” for the simple reason that her proceeding in this regard was decreed in her favour, secondly, the appeal at the behest of the next friend of the minor son of the parties assailing a decree for dissolution of marriage is also not maintainable as a third party to a suit for dissolution of marriage is incompetent and cannot be regarded as “aggrieved person.”
3. To address the point of maintainability, it would be profitable
A successful litigant cannot appeal a decree in their favor; a minor child lacks standing to challenge a divorce decree as an aggrieved person.
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The court established that allegations of adultery require strong, credible evidence to substantiate claims in divorce proceedings, emphasizing legal standards for proving cruelty and the implication....
(1) Divorce – Consent of parties is not necessary to declare a marriage dissolved – A dead marriage must be given a decent quietus.(2) Matrimonial Proceedings – Bar of limitation – Word ‘proceedings’....
The Domestic Violence Act permits an aggrieved person to seek maintenance even after the dissolution of marriage, provided there is evidence of domestic violence, and the definitions of 'aggrieved pe....
Section 13A of Hindu Marriage Act reads as alternate relief in divorce proceedings.
An ex-parte decree of restitution of conjugal rights does not bar a wife from claiming maintenance under Section 125 Cr.P.C., especially if justified by evidence of cruelty or neglect.
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