In Brief
A deceased plaintiff's mother sought to continue a suit challenging the validity of an alleged marriage registration. The suit sought declaration that no legal marriage existed and for cancellation of the registration, filed under the Specific Relief Act rather than the matrimonial laws. The High Court had held that after the plaintiff's death, no right to sue survived. The Supreme Court held that the suit concerns legal status and character (not personal rights), survives death, and can be continued by a legal representative. The Court distinguished declaratory suits under the Specific Relief Act from matrimonial petitions. The appeal was disposed with an order requiring the respondent to disclose and share amounts received from the alleged marriage."
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