Order XXII Rule 7 CPC: Effect of Marriage on Pending Civil Suits
Under Order XXII Rule 7 of the Code of Civil Procedure, 1908 (CPC), the marriage of a female plaintiff or defendant does not cause a pending civil suit to abate. The rule also addresses execution of decrees involving a married woman and, in limited circumstances, her husband.
Text of Order XXII Rule 7 CPC
Rule 7: Suit not abated by marriage of female party
(1) The marriage of a female plaintiff or defendant shall not cause the suit to abate, but the suit may notwithstanding be proceeded with to judgment, and, where the decree is against a female defendant, it may be executed against her alone.
(2) Where the husband is by law liable for the debts of his wife, the decree may, with the permission of the Court, be executed against the husband also; and, in case of judgment for the wife, execution of the decree may, with such permission, be issued upon the application of the husband, where the husband is by law entitled to the subject-matter of the decree.
The above provision should be read in the context of the law applicable to the parties. Marriage does not, by itself, transfer a wife's debts or rights to her husband.
Meaning and legal effect of Rule 7
Abatement means the termination of a suit, or a part of it, by operation of procedural law in specified circumstances. Order XXII primarily deals with death, marriage and insolvency of parties. Rule 7 expressly prevents a suit from abating merely because a female party marries while proceedings are pending.
The plaintiff or defendant continues as a party to the case. The court may hear the matter and pronounce judgment without treating marriage as a ground for stopping the proceedings.
Rule 7(1): Continuation of suit and execution against the wife
A pending suit does not abate upon marriage of a female plaintiff or defendant. If a decree is passed against a female defendant, the decree may be executed against her in accordance with the ordinary law of execution. Marriage does not automatically make her husband liable.
Rule 7(2): Limited circumstances involving the husband
The husband may be involved in execution only where the relevant substantive law makes him liable for the wife's debts, or gives him an entitlement to the subject matter of a decree in her favour, as the case may be. Permission of the court is expressly required under Rule 7(2). The provision does not create an independent or universal liability of husbands for their wives' obligations.
Practical examples
Example 1: A woman files a civil suit for recovery of money and marries while the suit is pending. The proceedings continue; her marriage does not extinguish her claim.
Example 2: A money decree is passed against a woman who married during the suit. The decree may be executed against her. It cannot be executed against her husband merely because he is her spouse.
Example 3: A decree-holder asks to execute a decree against the husband. The court must consider whether any applicable law actually imposes the relevant liability and whether permission under Rule 7(2) should be granted.
Frequently asked questions
Does marriage of a female plaintiff end a pending suit?
No. Order XXII Rule 7(1) expressly provides that her marriage does not cause the suit to abate.
Does a husband automatically become responsible for a decree against his wife?
No. Marriage alone does not make him liable. Rule 7(2) applies only where a relevant law imposes liability and the court permits execution against him.
Is substitution of the husband required when a woman marries?
No. Rule 7 does not require substitution of the husband merely on account of marriage.
Can the case proceed to judgment after the marriage?
Yes. The rule expressly allows the suit to proceed to judgment.
This article explains the central CPC provision for general information. Check the applicable local amendments, current legislation and case-specific orders before taking procedural action.