80 years old father authorised by the Bomabay High Court to pursue the divorce procedings intiatied by the son after his death is important development in the law.
Right to seek either criminal or civil justice is important right of every human being. Rights are enjoyed by the person after his berth and before the death. It means rights cannot be enforced against or in-favor of dead man.
Criminal justice is based on the principle of "Actio personalis moritur cum persona." means man can not punished in his graveyard. The object of Criminal justice is to punish the wrong doer, so his death terminates the proceedings of criminal trial because dead man can not imprisoned or punished. Now days punishments may in the form of fine also. In such case the trial may be continued because the fine would be recoverable from his estate. This is okay when the trial is over, fine has been imposed thereafter the criminal is dead. supposes the criminal dies during the trial the question would it be continued even it is punishable by fine.Another principle of criminal proceeding is that trial should be held in the presence accused and he should be given chance defend himself. on this logic the criminal trial would not be continued after death of the under-trial.
The matter is different in case of the civil proceedings. Object of civil justice is to claim the damages which can be achieved inspite of death of the party because the awarded damages would be recovered from the property of the dead man which is now in the hands of heirs. Civil suits may be related to property rights or personal rights.Death makes difference in case of civil suits related to personal rights. for example A has filled the suit for enforcement of conjugal rights against his wife, if wife dies during the proceeding, then proceedings would not be continued because the conjugal rights can not be enforced agains the dead wife.
In this reported case also son has filled the divorce procedings against his wife during his life time. Now the death of the son naturally the terminates the proceedings of the divorce because it is based on the personal rights of the parties.when the person who wanted to seek the divorce from the wife is no more alive then no one else can claim it on his behalf because it his personal right.Nevertheless is this theory or principle is fair or unfair.when the man has filled divorce petition against his wife then he has made his intention clear that woman should be continued as his wife. during the suit proceedings if the petitioner dies, why the proceedings would not be continued. what is harm in contuning the case. The man who wanted to get rid of from his wife would be continued as legal wife for ever. Moreover she would inherit his property as class one heir excluding others, against whom he fought for entire life and spend all his resources for that legal battle. Mere death frustrate all these things and his foe becomes most preferred legal heir, What humiliation or insult to that dead man? Don't u think the proceedings of that man should be continued by the legal heirs? Bombay High Court has done right thing by allowing his father to continue the divorce proceeding insituted by the deceased son. I think judgment is highly appreciable.
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