BALDEV SINGH versus SURINDER MOHAN SHARMA AND ORS

BALDEV SINGH versus SURINDER MOHAN SHARMA AND ORS

Respondent No. 1, not being a party to the matrimonial dispute nor aggrieved by the dissolution decree, has no locus standi to prefer an appeal against the judgment and decree of the Civil Judge declaring the marriage dissolved. Only a person whose rights are directly affected can appeal such decrees, and concerns...

Source-derived case information.

Parties
Appellant: Baldev Singh; Respondent: Surinder Mohan Sharma; First Wife: Sarbjit Kaur
Jurisdiction
India
Judgment Date
01 November 2002
Procedural Posture
Civil Appeal / Final Disposition by Supreme Court
Outcome
Appeal allowed; impugned orders of High Court set aside.
Legal Topics
Locus Standi to Appeal, Appeal by Third Party, Property Disputes, Right of Privacy in Matrimonial Matters
Civil Procedure Locus Standi to Appeal Appeal by Third Party Property Disputes Right of Privacy in Matrimonial Matters

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Parties

Baldev Singh

Appellant

Surinder Mohan Sharma

Respondent

Sarbjit Kaur

First Wife

Procedural Posture

Civil Appeal / Final Disposition by Supreme Court

Legal Issues

  1. 1 Whether a third party (respondent no. 1) has locus standi to appeal the decree in matrimonial disputes between appellant and appellant's first wife

Ratio Decidendi

Respondent No. 1, not being a party to the matrimonial dispute nor aggrieved by the dissolution decree, has no locus standi to prefer an appeal against the judgment and decree of the Civil Judge declaring the marriage dissolved. Only a person whose rights are directly affected can appeal such decrees, and concerns arising from departmental proceedings do not confer such standing.

Court Disposition

Appeal allowed; impugned orders of High Court set aside.

Orders

  • Impugned orders of the High Court set aside.
  • Appellant entitled to costs quantified at Rs. 5,000.