Legal Battle Over Marriage Validity: Supreme Court’s Judgment Explained

The case of Samar Kumar Roy (D) through LR (Mother) vs. Jharna Bera raises fundamental legal questions regarding marriage validity, declaratory reliefs, and the rights of legal representatives to continue litigation. The case revolves around the plaintiff’s claim that his marriage with the defendant was never validly solemnized and was instead arranged under coercion and blackmail.

In January 2006, the plaintiff filed a suit under Section 34 of the Specific Relief Act, 1963, seeking a declaratory decree and perpetual injunction. His primary contention was that the marriage was never consummated, and no essential Hindu marriage ceremonies were performed. The suit sought:

• A declaration that the defendant is not legally his wife.
• A permanent injunction restraining the defendant from claiming him as her husband or disturbing him.

Upon the plaintiff’s death in 2012, his mother sought to continue the suit as a legal representative under Order 22 Rule 3 of the Civil Procedure Code. The High Court rejected her plea, ruling that the right to sue did not survive. However, the Supreme Court overturned this decision, affirming that the suit, being a declaration of legal status, was maintainable even after the plaintiff’s demise.

Key Arguments and Observations

Petitioner’s Arguments

The petitioner’s counsel argued that:

• The suit was not for marriage annulment but a declaratory relief regarding legal status.
• The mother of the deceased plaintiff had a legitimate right to continue the case as it involved legal character.
• The suit was filed under the Specific Relief Act, which allows third-party claims regarding legal status.
• The exclusion of jurisdiction under the Family Courts Act, 1984, did not apply as the suit was not for marriage dissolution but a declaration.

Respondent’s Arguments

The respondent’s counsel contended that:

• The suit was essentially for annulling a marriage, which falls under the Hindu Marriage Act, 1955, or the Special Marriage Act, 1954.
• After the plaintiff’s death, the case could not be pursued as personal reliefs do not survive.
• The Family Courts Act bars such suits in civil courts.

Supreme Court’s Judgment

The Supreme Court ruled in favor of the appellant, stating:

• A suit for legal character declaration is maintainable even after the original plaintiff’s death.
• Personal reliefs die with the person, but legal character claims affecting property rights and social status can be continued.
• The Family Courts Act does not bar declaratory suits under the Specific Relief Act.
• Past judgments and Law Commission Reports support third-party rights to seek legal status declarations.

The Court directed the respondent to disclose all monetary benefits received due to the alleged marriage and awarded 50% of the sum to the appellant.

Implications of the Judgment

The ruling reinforces the right of legal representatives to continue cases that affect legal character and property rights. It clarifies the scope of the Family Courts Act and the Specific Relief Act, ensuring that individuals can challenge marriage validity without seeking annulment under matrimonial laws.

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Download Judgment: Samar Kumar Roy (D) vs Jharna Bera Supreme Court of India Judgment Dated 05-09-2017.pdf

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