Parents to pursue son’s petition for annulment of marriage after his death
On 5.4.2022, Deepak Mahendra Pandey filed divorce petition under Section 11 of the Hindu Marriage Act for declaration of his marriage with Shatakshi (wife) as void on the ground of fraud. It was alleged that the wife had projected herself as unmarried and was not converted to Hinduism.
On 24.2.2024, the husband died in the road accident.
By the order dated 10.1.2024, the application of the parents to make party to the petition. This was challenged in the appeal.
HELD that as per Section 10 of the Family Courts Act, the provisions of Civil Procedure Code shall apply to the proceedings before a Family Court and for the purpose of said provisions of CPC, a Family Court shall be deemed to be a civil court and shall have all the powers of such Court.
Rule 3 of Order 22 of CPC provides that if the right to sue survives the Court shall, on an application made, shall cause the legal representative of the deceased plaintiff to be made a party. The legal representative who is not “either of the parties” and was not one of the spouse to the marriage in question can pursue the petition filed under Section 11 of the HM Act that the marriage should be declared void.
Two important questions – Whether the provisions of Order 22 Rule 3 CPC are applicable to the proceedings of the Family Court and Whether the parents can be substituted as legal representatives of deceased to pursue the proceedings under Section 11 of the HM Act.
Outcome of this Judgment is significant since the parents’ rights to the property are also directly affected if the divorce petition is dismissed on account of death of their son – husband. The legal representatives have, therefore, right to be made a party to the petition for annulment of marriage.
Order dated 8.5.2024 of the Division Bench of the Allahabad High Court in First Appeal No.394 of 2024 of Shatakshi Mishra Vs. Deepak Mahendra Pandey (deceased) and two others
The High Court emphasized the necessity for beneficial interpretation of law to ensure justice and uphold the beneficial objectives of the legislation.
