Daughters may seek share redetermination under Vineeta Sharma in pending final decree proceedings.

The petitioners challenged the order dated 11 December 2018 by which the Principal Senior Civil Judge, Harihara, dismissed their application in Final Decree Proceedings No. 11/2014 seeking modification of shares declared under the preliminary decree.

The application relied on Prakash v. Phulavati, (2016) 2 SCC 36, and Mangammal @ Thulasi v. T.B. Raju, (2018) 15 SCC 662.

The High Court considered the challenge in light of the subsequent Constitution Bench decision in Vineeta Sharma v. Rakesh Sharma, (2020) 9 SCC 1.

1. Whether the FDP Court’s refusal to modify the shares under the preliminary decree warranted interference in the writ petition.

2. Whether the daughters could seek re-determination of their shares in the pending final decree proceedings in light of Vineeta Sharma.

The petition was brought under Articles 226 and 227 of the Constitution of India.

The Court referred to Prakash v. Phulavati and Mangammal @ Thulasi v. T.B. Raju, on which the petitioners had relied, but held that the request to modify the shares could not be sustained on that basis in view of the subsequent Constitution Bench ruling in Vineeta Sharma v. Rakesh Sharma.

It noted that Vineeta Sharma permits the benefit of its declaration of law to be extended in pending proceedings, including final decree proceedings, subject to the facts and circumstances of the case.

The Court held that the petitioners could not obtain modification of the shares declared under the preliminary decree through the application rejected by the FDP Court, particularly given the later ruling in Vineeta Sharma.

It nevertheless distinguished that conclusion from the daughters’ ability to seek re-determination: they could file an appropriate application in the pending final decree proceedings, where the FDP Court would assess the request under Vineeta Sharma and on its merits.

It clarified that dismissal would not prevent the daughters from applying to the FDP Court for re-determination of their shares under Vineeta Sharma; if such an application is filed, the FDP Court must consider it in accordance with law and on its own merits.