Please let us know is there any citation of the Hon’ble High Courts or the Hon’ble Supreme Court wherein permission is granted to the parents of the wife to come on record and prosecute the proceedings before the Family Court after the death of their daughter.
Facts of my case is as under :
Wife filed a petition for divorce under Section 13 (1) (i-a) along with an application under Section 27 of the Hindu Marriage Act, 1955 for return of articles given by the father of the wife at the time of marriage. The Family Court, after hearing the matter, allowed the petition for Divorce filed by the wife. However, did not answer anything with regard to the Section 27 application for return of articles (gold jewels and other household articles) given at the time of marriage by the father of the wife. Aggrived by this Order, the wife filed an Appeal before the Hon’ble High Court of Karnataka. The Hon’ble High Court of Karnataka after hearing the matter and after perusing the LCRs wherein the original bills for having purchased the jewels and other household articles were produced before the Trial Court, remanded the matter back to the Trial Court to give a finding aftaking taking the evidence of both the parties with regard to Section 27 Application filed by the wife for return of the articles given at or about the time of marriage. When the matter is set down for further evidence of the wife, the wife committed suicide in her parents house.
Now, the parents of the wife (father and mother) wants to come on record and prosecute the case further only with regard to return of the articles given by the father of the wife at the time of marriage. The relavant provisions are as under
Kindly let me know the relevant citations at the earliest.
Thanks in advance,
Response from LegalCrystal:
Smt. Suresh Bala Vs. Rajbir Singh ‘ [Court: Punjab and Haryana] [Dated: 1996-05-09]
20. In Vadalasatti Samrajyamma’s case (AIR 1994 Andh Pra 13) (supra) it is held that a decree dissolving a marriage involves termination of status of the wife, if the husband dies subsequent to the passing of the decree and the wife seeks to set aside the decree, the question would be whether the wife would be the widow of the deceased or a divorcee.
If the wife succeeds in having the decree set aside she will be a widow of the deceased entitled to the benefit of the Hindu Succession Act and will be entitled to inherit the properties of the husband as a Class I heir. Such a right cannot be claimed and will be lost unless legal representatives of the deceased-husband are impleaded.
The judgment dissolving the marriage is a judgment in rem and will not merely involve the personal status of the wife, but would involve her proper rights. The principle of ‘Actio personalis cum moritur persona will not be applicable and the proceedings to set aside an ex parte decree will not abate. It is further made clear that Section 21 of the Hindu Marriage Act makes the provisions of the Code of Civil Procedure applicable to the proceedings under the Act, the provisions of Order 22, Rule 4 can be applied to bring on record the legal representatives of the deceased party to the proceedings. In this judgment, the judgment in Sunanda’s case (AIR 1957 Andh Pra 424) was taken into consideration. Even in Sunanda’s case it is held that divorce decree is not automatically vacated and it continues to have legal force till it is in appropriate manner reversed or modified.