https://www.taxtmi.com/caselaws?id=283488 A suit for declaration of marital status under Section 34 of the Specific Relief Act survives to the deceased plaintiff's legal representative because it concerns legal character and not a purely personal matrimonial remedy. The action is distinct from petitions for nullity, dissolution, restitution of conjugal rights, or judicial separation, and the principle that personal causes of action die with the person does not apply where status or related proprietary interests are in issue. The civil court's jurisdiction is not barred by the Family Courts Act, 1984, because Sections 7 and 8 do not expressly or by necessary implication exclude such declaratory suits. en-us Tue, 05 Sep 2017 00:00:00 +0530 Tue, 24 Sep 2019 20:48:45 +0530 TaxTMI RSS Generator https://www.taxtmi.com/caselaws?id=283488 A suit for declaration of marital status under Section 34 of the Specific Relief Act survives to the deceased plaintiff's legal representative because it concerns legal character and not a purely personal matrimonial remedy. The action is distinct from petitions for nullity, dissolution, restitution of conjugal rights, or judicial separation, and the principle that personal causes of action die with the person does not apply where status or related proprietary interests are in issue. The civil court's jurisdiction is not barred by the Family Courts Act, 1984, because Sections 7 and 8 do not expressly or by necessary implication exclude such declaratory suits. Case-Laws Indian Laws Tue, 05 Sep 2017 00:00:00 +0530 https://www.taxtmi.com/caselaws?id=283488