Punjab and Haryana HC’s dismissed an application by women seeking to be made a party with their LR’s
Last Updated on August 28, 2024 by NewsDesk SLC
The bench of Justice Sureshwar Thakur and Justice Sudeepti Sharma emphasized that marital unions are not subject to succession, and therefore there is no need to replace a deceased party with their legal representatives.
The husband sought a divorce in Gurgaon in 2011. in 2014 the petition was dismissed leading to the filing of the present appeal and he died in 2022. continuously appeal was required to be declared as abated but the mother of the appellant moved an application to continue her son’s case on her behalf.
The court noted the purpose of substitution of a party who has died is to ensure the continuation of the proceeding.
Court concluded, In this specific case, the Court dismissed an application by a woman seeking to be made a party to her deceased son’s divorce case. The Court held that marriage is a personal contract, and upon the demise of one of the spouses, the contract terminates, precluding any substitution by LRs.
