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Supreme Court of India · 05/09/2017

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

[2017] 8 S.C.R. 269 · 2017 INSC 860

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Summary

The Court distinguished a declaratory suit alleging that no marriage had legally or factually occurred from matrimonial relief for annulment or dissolution. Such a legal-status cause could survive the plaintiff’s death and civil jurisdiction was not barred on the basis urged. It left limitation undecided and, on the mother’s offer to share the estate, directed the respondent to disclose marriage-related receipts and pay half to the mother.

Issues

  1. Whether a Section 34 legal-status suit could continue through the deceased plaintiff’s representative.
  2. Whether the cited matrimonial and Family Courts legislation excluded civil jurisdiction.
  3. Whether limitation required decision in light of the proposed estate-sharing resolution.

Provisions considered

Held

Result

Appeal disposed of with disclosure and payment directions: affidavit within four weeks and half the disclosed receipts payable to the appellant within eight weeks thereafter; limitation not decided.

Judgment PDF: Supreme Court of India, [2017] 8 S.C.R. 269.