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Supreme Court Of India

(From : Punjab and Haryana)*

Hon'ble Judge(s): V. N. Khare, Arijit Pasayat, Satya Brata Sinha , JJJ

(A) Civil P.C. (5 of 1908) , S.96— Appeal - Filing of - Locus standi - Decree passed in a suit for declaration of dissolution of marriage - Third party who was nothing to do with relationship of parties to marriage - Cannot be permitted to intrude into their privacy - He cannot prefer appeal against said decree. The husband and the wife have right of privacy. Such a right of privacy extends not only to the matrimonial home but also to the matter of dissolution of a marriage. A third party who has nothing to do with relationship of the husband and the wife cannot be permitted to intrude into their privacy by preferring an appeal against decree declaring dissolution of marriage between them.(Para 14) Only because a departmental proceeding was initiated against the husband on the complaint of the third party that husband had contracted second marriage during lifetime of first wife, he only thereby, cannot be said to have any locus to prefer an appeal @page-SC226 against decree passed in a suit by first wife for declaration of dissolution of marriage. A person aggrieved to file an appeal must be one whose right is affected by reason of the judgment and decree sought to be impugned it was not the case of the third party that in the event said judgment and decree was allowed to stand the same would cause....