THE ANCILLARY RELIEFS CANNOT BE ENFORCED ONCE THE PRIMARY RELIEF HAS BEEN DECLARED TO BE TIME-BARRED.

The Hon’ble Supreme Court laid down the principle of law which states that the Ancillary reliefs cannot be enforced in a situation where the primary reliefs claimed have been declared to be time-barred. In legal sense, ancillary relief refers to the financial provision and property adjustment orders made during divorce, separation, or nullity proceedings. They are incidental to the primary relief claimed before the court of law.

It was laid down by the Bench consisting of Justice Pankaj Mittal and Justice S.V.N Bhatti in the matter of Nikhila Divyang Mehta & Anr. Vs Hitesh P. Sanghvi & Ors. (Special Leave Petition (Civil) No. 13459 of 2024)(Date of Judgement 15.04.2025). In the said matter, the primary question before the Hon’ble Court was whether the Plaintiff’s suit, filed on 21.11.2017, was barred by limitation under Article 58 of the Limitation Act, 1963, and whether the Plaint was liable to be rejected under Order VII Rule 11(d) CPC.

The Trial Court had rejected the Plaint for being barred by limitation, but the High Court had overruled the said court’s ruling, observing that in the said suit, the Plaintiff has prayed for different reliefs and even in the case that the said Plaint is barred under the Limitation Act in respect of one of the reliefs, it cannot be rejected in totality with respect to other reliefs claimed therein.

So, here, while declaring that the Trial Court was correct in rejecting the suit for it being time barred, the Hon’ble Supreme Court, in Para 29 of the judgement has also specifically observed that once the plaint or the suit in respect of the main relief stands barred by time, the other ancillary relief claimed therein also falls down.

The Hon’ble Supreme Court had laid emphasis on the fact that the primary relief sought was the declaration of the Will and Codicil as null and void. The injunction and other reliefs were merely consequential. In other words, when the main prayer becomes infructuous by operation of law of limitation, then other prayers linked to the primary prayer also become redundant.


SARTHAK KALRA
Senior Legal Associate
The Indian Lawyer & Allied Services

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