The Punjab and Haryana High Court recently decided that the legal representatives (LRs) of a deceased individual involved in a divorce case cannot continue to pursue the case on their behalf.
The Division Bench, consisting of Justice Sureshwar Thakur and Justice Sudeepti Sharma, stated that marital unions are not subject to succession, and therefore, there is no need to replace a deceased party with their legal representatives. This ruling came as the Court dismissed a substitution application filed by a woman seeking to step in for her deceased son in his ongoing divorce case.
“The foremost reason for dismissing the apposite application is grooved in the factum, that the marriage between marital partners, but obviously is a personal contract entered into between the spouses. The said contract remains alive only during the life span of the contracting parties, therebys the said contract terminates on the demise of one of the parties to the marital union (sic),” the Court said.
The wife’s counsel challenged the maintainability of this application. The Court observed that substitution of a deceased party typically aims to ensure the continuation of proceedings, but such a measure is more relevant in cases involving disputes over the deceased person’s assets.
"There cannot be any succession to the marital union entered into amongst the spouses concerned," the Court observed.
It thus dismissed the appeal.
“In aftermath, on demise of the sole appellant-husband, the instant appeal stands dismissed as having become abated,” ordered the Court.
Advocate SS Momi represented the appellant.
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