Sunday, 18 October 2020

Whether the husband is a necessary party to suit filed by father-in-law against daughter-in-law for her eviction from his house?

 Question No.7

118. Learned counsel for the appellant challenging the

direction issued by the High Court that the husband of

respondent be impleaded by the Trial Court by invoking

suo moto powers under Order I Rule 10 CPC, submits that

no relief having been claimed against the son of the

appellant, he (son) was neither necessary nor proper

party. Learned counsel for the appellant has relied on

the judgments of this Court in Razia Begum Vs.

Sahebzadi Anwar Begum and others, AIR 1958 SC 886 and

Ramesh Hirachand Kundanmal Vs. Municipal Corporation of

Greater Bombay and others, (1992) 2 SCC 524. Latter

judgment of this Court discussing judgment of Razia

Begum has laid down following in paragraphs 10 and 12:

“10. The power of the Court to add parties

under Order I Rule 10, CPC, came up for

consideration before this Court in Razia Begum

(supra). In that case it was pointed out that

the Courts in India have not treated the matter

of addition of parties as raising any question

of the initial jurisdiction of the Court and

that it is firmly established as a result of

judicial decisions that in order that a person

may be added as a party to a suit, he should

have a direct interest in the subject-matter of

the litigation whether it be the questions

relating to moveable or Immovable property.

12. Sinha, J. speaking for the majority

said that a declaratory judgment in respect of

a disputed status will be binding not only upon

parties actually before the Court but also upon

persons claiming through them respectively. The

Court laid down the law that in a suit relating

to property in order that a person may be added

as a party, he should have a direct interest as

distinguished from a commercial interest in the

subject-matter of the litigation. Where the

subject-matter of a litigation is a declaration

as regards status or a legal character, the

rule of presence of direct interest may be

relaxed in a suitable case where the Court is

of the opinion that by adding that party it

would be in a better position effectually and

completely to adjudicate upon the controversy.


119. There can be no dispute with the preposition of

law as laid down by this Court in the above two cases.

In the present case, although plaintiff has not claimed

any relief against his son, Raveen Ahuja, the husband

of the respondent, hence, he was not a necessary party

but in view of the fact that respondent has pleaded her

right of residence in shared household relying on

Sections 17 and 19 of the Act, 2005 and one of the

rights which can be granted under Section 19 is right

of alternate accommodation, the husband is a proper

party. The right of maintenance as per the provisions

of Hindu Adoption and Maintenance Act, 1956 is that of

the husband, hence he may be a proper party in cases

when the Court is to consider the claim of respondent

under Sections 17 and 19 read with Section 26 of the

Act, 2005.




CIVIL APPEAL NO.2483 of 2020



Dated: 15-10-2020.

Read full Judgment here: Click here

Print Page

No comments:

Post a comment