SAMAR KUMAR ROY (D) THROUGH LR (MOTHER) versus JHARNA BERA

SAMAR KUMAR ROY (D) THROUGH LR (MOTHER) versus JHARNA BERA

A suit for declaration of legal status under s.34 of the Specific Relief Act, 1963 regarding the validity of alleged marriage is maintainable at the instance of a legal representative, as civil courts' jurisdiction is not expressly or impliedly barred by the Family Courts Act when relief sought is only declaratory...

Source-derived case information.

Parties
Appellant: Samar Kumar Roy (D) through LR (Mother); Respondent: Jharna Bera
Jurisdiction
India
Judgment Date
05 September 2017
Procedural Posture
Civil Appeal / Supreme Court Disposition of Appeal
Outcome
Appeal disposed of
Legal Topics
Jurisdiction of Civil Courts, Declaration of Legal Status Under Specific Relief Act, Substitution of Legal Representatives, Matrimonial Status
Family Law Civil Procedure Jurisdiction of Civil Courts Declaration of Legal Status Under Specific Relief Act Substitution of Legal Representatives Matrimonial Status

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Parties

Samar Kumar Roy (D) through LR (Mother)

Appellant

Jharna Bera

Respondent

Procedural Posture

Civil Appeal / Supreme Court Disposition of Appeal

Legal Issues

  1. 1 Whether a suit under s.34 of the Specific Relief Act, 1963 as to the declaration of marital status is maintainable at the behest of a legal representative after the death of plaintiff
  2. 2 Whether jurisdiction of civil court is barred by Family Courts Act for such suit
  3. 3 Whether suit for declaration regarding marital status can be continued by legal representatives

Ratio Decidendi

A suit for declaration of legal status under s.34 of the Specific Relief Act, 1963 regarding the validity of alleged marriage is maintainable at the instance of a legal representative, as civil courts' jurisdiction is not expressly or impliedly barred by the Family Courts Act when relief sought is only declaratory and not matrimonial under the relevant marriage laws.

Court Disposition

Appeal disposed of

Orders

  • Respondent to file affidavit disclosing all amounts received owing to alleged marriage within four weeks.
  • 50% of total disclosed amount to be paid by respondent to appellant within eight weeks thereafter.