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

Citation: [2017] 8 S.C.R. 269 · Decided: 05-09-2017 · Supreme Court of India · Bench: R.F. NARIMAN · Disposal: Disposed off

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Judgment (excerpt)

[2017) 8 S.C.R. 269 
SAMAR KUMAR ROY (D) THROUGH LR (MOTHER) 
A 
v. 
JHARNA BERA 
(Civil Appeal No. 11200 of2017) 
SEPTEMBER 05, 2017 
[R. F. NARIMAN AND SANJAY KISHAN KAUL, JJ.) 
B 
Specific Relief Act, 1963 - s.34 - Maintainability of at the 
behest of a legal representative of a dead plaintiff - Suit filed 
against defendant-respondent seeking declaration that defendant C 
was not legally married wife of the plaintiff and has no right to 
claim the plaintiff as her husband inasmuch as the alleged marriage 
'between plaintiff and respondent was not valid and also seeking 
permanent injunction against the defendant restraining her from 
disturbing him in office and otherwise - During pendency of suit, 
plaintiff died - Substitution of mother was allowed - Howeve1; order D 
of substitution was set aside on the ground that after the death of 
plaintiff, no right to sue survived in favour of plaintiff's mother -
Whether a suit filed under s.34 is maintainable at the behest of a 
legal representative of a dead plaintiff - Held: The examination of 
the remedies provided and the scheme of the Hindu Marriage Act 
and of the Special Marriage Act shows that the statute creates 
. special rights or liabilities and provides for determination of rights 
relating to marriage - The Acts do not lay down that all questions 
relating to the said rights and liabilities shall be determined only by 
the Tribunals which are constituted under the said Act - s.8(a) of 
the Family Courts Act excludes the Civil Court's jurisdiction in 
respect of a suit or proceeding which is between the parties and 
filed under the Hindu Marriage Act or Special Marriage Ad, where 
. the suit is to annul or dissolve a marriage, or is for restitution of 
conjugal rights or judicial separation - It does not purport to bar 
E 
F 
the jurisdiction of the Civil Court if a suit is filed undet: s.34 o/ the 
G 
Specific Relief Act for a declaration as to the legal character ,of an 
alleged marriage - An exclusion of the jurisdiction of the civil courts 
is not readily inferred - Given the fact that a suit for declaration as 
to legal character which includes the matrimonial status of parties 
to a marriage when it comes to a marriage which allegedly has 
H 
269 
270 
SUPREME COURT REPORTS 
[2017] 8 S.C.R. 
A 
never taken place either de jure or de facto, it is clear that the civil 
court's jurisdiction to determine the said legal character is not 
barred either expressly or impliedly by any law - Family Courts 
Act, 1984 - ss. 7, 8 - Hindu Marriage Act, 1955 - Jurisdiction of 
civil court. 
B 
Disposing of the appeal, the Court 
HELD: 1. It is obvious that a suit or proceeding between 
parties to a marriage for a decree of nullity or restitution of 
conjugal rights or judicial separation or dissolution of marriage, 
all have reference to suits or petitions that are filed under the 
c Hindu Marriage Act and/or Special Marriage Act for the aforesaid 
reliefs. There is no reference whatsoever to suits that are filed 
for declaration of a legal character under Section 34 of the Specific 
Relief Act. [Para 1311279-C-DJ 
Dhulabhai v. Madhya Pradesh [19681 3 SCR 662 -
D 
referred to. 
2. The examination of the remedies provided and the 
scheme of the Hindu Marriage Act and of the Special Marriage 
Act show that the statute creates special rights or liabilities and 
provides for determination of rights relating to marriage. The 
E Acts do not lay down that all questions relating to the said rights 
and liabilities shall be determined only by the Tribunals which 
are constituted under the said Act. Section 8(a) of the Family 
Courts Act excludes the Civil Court's jurisdiction in respect of a 
suit or proceeding which is between the parties and filed under 
the Hindu Marriage Act or Special Marriage Act, where the suit 
F 
is to annul or dissolve a marriage, or is for restitution of conjugal 
rights or judicial separation. It does not purport to bar the 
jurisdiction of the Civil Court if a suit is filed under Section 34 of 
the Specific Relief Act for a declaration as to the legal character 
of an alleged marriage. An exclusion of the jurisdiction of the 
G civil courts is not readily inferred. Given the fact that a suit for 
declaration as to legal character which includes the matrimonial 
status of parties to a marriage when it comes to a marriage 
which allegedly has never taken place either de jure or de facto, 
it is clear that the civil court's jurisdiction to determi

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