MRS. ARUNA BASU MULLICK versus MRS. DOROTHEA MITRA

MRS. ARUNA BASU MULLICK versus MRS. DOROTHEA MITRA

A decree for permanent alimony under Section 37 of the Special Marriage Act, 1954, does not abate upon the death of the husband-judgment-debtor. The estate left by the husband can be proceeded against in the hands of his legal heirs for satisfaction of the maintenance decree. The phrase 'at the instance of either party' in Section 37(2) includes legal heirs who have succeeded to the estate.

Parties
Appellant: MRS. A RUNA BASU MULLICK; Respondent: MRS. DOROTHEA MITRA; Substituted Respondent: R.B. Mehrotra
Jurisdiction
India
Judgment Date
02 August 1983
Procedural Posture
Civil Appeal / Appeal by Certificate From Calcutta High Court Judgment Dated April 25, 1980 in C.r. No. 1529 of 1979
Outcome
Appeal dismissed
Legal Topics
Permanent Alimony, Special Marriage Act, 1954, Execution of Decree, Interpretation of Statutory Provisions
Family Law Permanent Alimony Special Marriage Act, 1954 Execution of Decree Interpretation of Statutory Provisions

Case Brief

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Parties

MRS. A RUNA BASU MULLICK

Appellant

MRS. DOROTHEA MITRA

Respondent

R.B. Mehrotra

Substituted Respondent

Procedural Posture

Civil Appeal / Appeal by Certificate From Calcutta High Court Judgment Dated April 25, 1980 in C.r. No. 1529 of 1979

Legal Issues

  1. 1 Whether a decree for permanent alimony passed under Section 37 of the Special Marriage Act, 1954, is extinguished with the death of the husband-judgment debtor
  2. 2 Scope of 'either party' in Section 37(2) of the Special Marriage Act, 1954

Ratio Decidendi

A decree for permanent alimony under Section 37 of the Special Marriage Act, 1954, does not abate upon the death of the husband-judgment-debtor. The estate left by the husband can be proceeded against in the hands of his legal heirs for satisfaction of the maintenance decree. The phrase 'at the instance of either party' in Section 37(2) includes legal heirs who have succeeded to the estate.

Court Disposition

Appeal dismissed

Orders

  • Order of Calcutta High Court upheld
  • Respondent shall be entitled to costs throughout