Shyama Devi, W/o. Late Shri Mundrika Prasad Patel vs Sangeeta Patel, D/o. Late Shri Mundrika Prasad Patel

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Chh) 246

IN THE HIGH COURT OF CHHATTISGARH AT BILASPUR
SANJAY K.AGRAWAL, SANJAY KUMAR JAISWAL
Shyama Devi, W/o. Late Shri Mundrika Prasad Patel – Appellant
Versus
Sangeeta Patel, D/o. Late Shri Mundrika Prasad Patel – Respondent

Advocates Appeared:
For the Appellant :Mr. Viprasen Agrawal, Advocate.
For the Respondent:Mr. Parag Kotecha, Advocate, Mr. Sudhir Kumar Bajpai, Advocate.

JUDGMENT :

Sanjay K. Agrawal, J.

1. Feeling aggrieved and dissatisfied with judgment & decree dated 14-10-2022 passed by the Judge, Family Court, Manendragarh, District Manendragarh-Chirmiri-Bharatpur in Civil Suit No.94A/2019, the appellants herein namely, Shyama Devi – original defendant No.2 i.e. appellant No.1 herein and appellants No.2 to 5 herein who were added with the leave of the court, have preferred this appeal under Section 19 of the Family Courts Act, 1984, questioning the said judgment & decree by which the Family Court has decreed the suit filed by the original plaintiffs declaring that the original plaintiff No.1 was the legally wedded wife of Late Shri Mundrika Prasad Patel and plaintiff No.2 Sangeeta Patel is the daughter out of their wedlock.

2. Original plaintiff No.1 Shyama Devi Patel died during the pendency of suit and therefore plaintiff No.2 Sangeeta Patel has been arrayed as respondent No.1 herein.

3. The aforesaid decree impugned passed by the Family Court has been challenged on the following factual backdrop: -

(For the sake of convenience, parties hereinafter will be referred as per their status shown and ranking given in the civil suit before the Family Cou