In Brief
A deceased plaintiff's mother sought to continue his suit claiming the defendant's marriage registration was invalid and sought declaration and cancellation of the registration. The High Court had set aside the mother's substitution, holding no right of suit survived the plaintiff's death. The Supreme Court held that a suit under Section 34 of the Specific Relief Act for declaration of legal character concerning matrimonial status is maintainable by a legal representative of a deceased plaintiff, distinguishing it from suits for annulment or dissolution of marriage, which require party status. The Court found civil courts have jurisdiction to determine the legal character of alleged marriages, and disposed the matter, directing equitable sharing of estate benefits.
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