The Allahabad High Court observed that a matrimonial dispute remains a dispute between the couple in question, which may be finding difficulties in their matrimonial relationship, and all other persons remain strangers to that dispute, and no third person can seek impleadment in proceedings under Section 13B of the Hindu Marriage Act.
Brief Facts:
The present appeal has been filed under Section 19 of the Family Courts Act, 1984, against the order passed by the Principal Judge, Family Court, Aligarh, in Matrimonial Case being proceedings under Section 13B of the Hindu Marriage Act.
Contentions of the Respondent:
In the case of respondents nos. 2, 3 and 4, the creditors have been that they had lent some money to the couple in question, concerning which three civil suit proceedings are pending between the couple in question.
Observations of the Court:
The court noted that while the present appellant and her husband had filed a joint motion petition seeking dissolution of their Hindu marriage on mutual consent, their creditors (respondents nos. 2, 3 and 4) have joined the proceedings seeking their impleadment as necessary parties.
The court observed that the said respondents have sought to intervene in the matrimonial discord in a joint motion petition filed by the couple in question and can thus be seen to be intermeddling in the matrimonial discord situation of the couple in question and piquant as it may be, the impleadment sought may never be justified. A matrimonial dispute remains a dispute between the couple in question, who may be finding difficulties in their matrimonial relationship, and all other persons remain strangers to that dispute.
Further, the court observed that though the threat perceived by the respondents may not be unfounded - that once the marriage between the couple in question is dissolved, it may have some ramifications on the civil dispute that is pending between the respondent on the one hand and the couple in question on the other hand, at the same time the court can never permit a situation where the strangers to a matrimonial discord may ever resist its resolution through dissolution on mutual consent and to that extent materialistic goals of the world at large may remain overshadowed by the primacy to be given to resolve the matrimonial discord.
The decision of the Court:
The court allowed the appeal with the observation notwithstanding the dissolution of the marriage between the couple in question; the respondents would remain entitled to raise their claim concerning the properties that they may claim against Shri. Dev Suman Goyal and Smt. Kriti Goyal, either jointly or individually, in appropriate proceedings.
Case Title: Kriti Goyal vs. Dev Suman Goyal and Ors.
Coram: Hon’ble Mrs Justice Saumitra Dayal Singh and Hon’ble Mr Justice Donadi Ramesh
Case No.: First Appeal No. 716 of 2024
Advocate for the Petitioner: Nandlal, Raminder Singh Jaggi
Advocate for the Respondent: Tarun Agarwal
Read Judgment @LatestLaws.com
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