Kuldeep Kaur vs Swaran Kaur (Deceased) Through Lrs.

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2025 Supreme(Del) 776

IN THE HIGH COURT OF DELHI AT NEW DELHI
ANIL KSHETARPAL, HARISH VAIDYANATHAN SHANKAR
Kuldeep Kaur – Appellant
Versus
Swaran Kaur (Deceased) Through Lrs. – Respondent

Advocates Appeared:
For the Appellant : Mr. J. C. Mahindro, Adv.
For the Respondent: Mr. Sanjay Kumar Chhikana and Mr. Ujjwal Arora, Advs.

JUDGMENT :

ANIL KSHETARPAL, J.

1. The present Appeal under Section 19 of the FAMILY COURTS ACT , 1984 assails the correctness of Order dated 22.03.2024 [hereinafter referred to as “Impugned Order”] passed by the learned Family Court [hereinafter referred to as the “Family Court”], whereby the suit for possession, damages/ use and occupation charges, permanent as well as mandatory injunction filed by the Respondent, was decreed in her favour.

FACTUAL MATRIX

2. The brief facts leading to the present Appeal, as pleaded, are that the Appellant and the Respondent share a matrimonial and familial relationship. The Appellant is the daughter-in-law of the Respondent (Plaintiff before Family Court). The Respondent’s son, Mr. Nanak Mehta, married the Appellant on 13.04.1999 as per Hindu rites and ceremonies. Out of the said wedlock, a male child was born on 07.02.2000. The Respondent passed away on 14.05.2016, leaving behind two legal heirs, i.e., one daughter, Ms. Pratibha Chadda and one son, Mr. Nanak Mehta, both of whom were brought on record as her legal representatives. It is relevant to note that the Respondent had executed a Will in favour of her daughter, Ms. Pratibha Chadda, who now r