BALWINDER KAUR Vs. GURMUKH SINGH

JUDGEMENT

(1.) This appeal was filed by Balwinder Kaur against the judgment and decree dated 8-2-2002, passed by Additional District Judge, Ludhiana, whereby marriage of the appellant with Gurmukh Singh respondent was declared as nullity under Section 11 of the Hindu Marriage Act, 1955 (hereinafter referred to as 'the Act') having been performed in contravention of Section 5(i) of the Act, as she performed second marriage with the respondent during subsistence of her first marriage with one Jaswinder Singh.

(2.) During the pendency of appeal, appellant Balwinder Kaur died on 13-11-2002. From this marriage, there is one minor daughter, namely Jasmine Kaur, who was living with her mother. Now she has filed application (C.M. 17839-CII of 2006) to pursue the appeal filed by her mother, on the ground that with the subsistence of the impugned decree, her rights are going to be effected, therefore, she may be permitted to continue with the appeal.

(3.) Though no reply has been filed by the respondent to this application, but on the previous date, counsel for the respondent orally opposed this application on the plea that the proceedings under Section 11 of the Act are personal in nature and they stand abated with the death of one of the spouses and no legal representatives of the deceased spouse can be impleaded for continuing those proceedings. It was argued that even an appeal filed against a decree for dissolution of marriage would abate on the death of one of the parties, therefore, the application should not be allowed and the applicant-daughter should not be permitted to pursue the appeal.