In a significant ruling, the Bombay High Court on Thursday declared that the right to seek a divorce ends with the death of the individual, setting a legal precedent that personal rights related to matrimonial disputes cannot be inherited. The decision came after an appeal was lodged by the family of a deceased Pune resident, asserting that they should be able to continue his divorce proceedings.
The case involved Aniket, who had filed for a mutual consent divorce with his wife Shalaka at the Dhule family court in October 2020. The process was halted when Aniket tragically died due to Covid-19 in April 2021, before the final affirmation of the divorce could be made. Following his death, Shalaka withdrew her consent for the divorce, prompting the family court to dismiss the petition.
Aniket’s mother and brothers contested this decision, arguing that they, as his legal heirs, should be allowed to complete the divorce proceedings, especially since a partial settlement had already been made. They appealed to the Aurangabad bench of the Bombay High Court, seeking to continue the divorce under the provisions of the Hindu Marriage Act, 1956.
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However, the division bench, consisting of Justice Mangesh Patil and Justice Shailesh Brahme, upheld the original ruling of the family court. They stated, “The right to seek divorce was a personal right of the deceased, and the cause of action would not survive to family members.” The court emphasized that mutual consent is essential under the Hindu Marriage Act and that the process cannot be completed posthumously at the behest of one party.
