REKHA NEGI vs DIMPLE NEGI - 2021 Supreme(UK) 731

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2021 Supreme(UK) 731

UTTARAKHAND HIGH COURT
Hon’ble Chief Justice Mr. Raghvendra Singh Chauhan and
Hon’ble Mr. Justice Alok Kumar Verma
Appeal from Order No. 134 of 2021
SMT. REKHA NEGI & ORS. – Appellant
Versus
SMT. DIMPLE NEGI & ORS. – Respondent
Decided on : 26.07.2021

Advocates:
For the Appellant : Mr. Neeraj Garg, Learned Counsel
For the Respondent: Mr. Rajendra Arya, Learned Counsel

Headnote:
Civil Procedure Code, 1908, Order VII, Rules 10 and 10-A – Application under – Filed by defendants – Wherein they claimed that suit was neither between the parties married to each other, nor between any property involving parties who are/were married to each other – Suit was not filed for declaration of a matrimonial status – Suit not maintainable – Family Court dismissed the application – Concluded that suit is indeed, maintainable under Section 7 of Family Court Act – Hence present appeal before High Court – Dispute between parties is purely a civil dispute and has no bearing or any dispute within a family – Which needs to be resolved by a special procedure as provided under Family Court Act – No any merit in this appeal – Appeal dismissed. (Paras 6, 16 and 17)
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JUDGMENT

(per Hon'ble The Chief Justice Sri Raghvendra Singh Chauhan)

Aggrieved by the order dated 06.07.2021, passed by the learned Principal Judge, Family Court, Dehradun in Original Suit No.456 of 2021, whereby the learned Family Court has dismissed their application under Order VII Rule 10 & 10-A of C.P.C., the defendants-appellants are before this Court in the present appeal.

2. Briefly, the facts of the case are, that the plaintiffs respondents, Smt. Dimple Negi, and Km. Pari Negi, had filed a civil suit before the Family Court for seeking a declaration that the plaintiffs are the legal heirs of Late Mr. Vishamber Singh, that they have right and interest in the movable and immovable properties of Mr. Vishamber Singh after his death. They had also sought a declaration that they are entitled to the death benefits which would be released by the Oil and Natural Gas Corporation (for short “the ONGC"), defendant No.4. They had further sought a permanent injunction in their favour against defendant Nos.1 to 3, who according to the plaintiffs were the first wife of Late Mr. Vishamber Singh, and his two children from the first wife.

3. According to plaintiff No.1, she met Mr. Vishamber Singh through Facebook. They fell in love with each other. Heinformed her that his first wife had expired, and his two children were staying with their grandparents. Therefore, he is looking for a companion for himself. The plaintiff No.1, and Mr. Vishamber Singh got married on 15.10.2016 at Gurudwara Shri Guru Singh Sabha, situated at Mahinder Park, Delhi. At the time of marriage, while the plaintiff No.1 was residing in Delhi, Mr. Vishamber Singh was residing in Dehradun, and working with the ONGC. After the marriage, Mr. Vishamber Singh brought the plaintiff No.1 to his house situated at Yamnotri Enclave Store, Phase-II, Chanderbani Road, near Kothari General Store, Dehradun. During the marriage, on 19.09.2018, the plaintiff No.1, and Mr. Vishamber Singh were blessed with a daughter. A few years after their marriage, and after the birth of their daughter, Mr. Vishamber Singh informed the plaintiff No.1 that he had lied about his first wife (defendant No.1 in the Civil Suit). It is not that she had died, but he had taken divorce from her. He further informed the plaintiff No.1 that he had already settled the permanent alimony with his first wife. During the COVID- 19 pandemic, unfortunately, Mr. Vishamber Singh died on 12.05.2021. After his death, the plaintiffs approached the ONGC for completing the formalities pertaining to the death benefits. However, the plaintiff No.1 was shocked to know that the name of Mr. Vishamber Singh's first wife, i.e. thename of the defendant No.1, Smt. Rekha Negi, continued to be recorded in the official record of the ONGC.

4. The plaintiff No.1 further claimed that, immediately, after the death of Mr. Vishamber Singh, on 26.05.2021, the defendant Nos.1 and 2 came to her house, and told her to immediately vacate the house, failing which she would face dire consequences. Moreover, subsequently, on 27.05.2021, she has learnt that the defendant No.1 is planning to sell the house. When she questioned the defendant Nos.1 and 2 as to why they are planning to sell the house, she was again threatened by defendant No.2. Consequently, in order to save her life and property, the plaintiff filed a complaint before the Senior Superintendent of Police, Dehradun. But, so far, no action has been taken by the police.

5. The plaintiff further claimed that on 30.05.2021, defendant Nos.1 and 2 came with anti-social people, and forcefully tried to evict the plaintiffs from the ground floor of her house. Further, their illegally entered the first floor of the said property. Ever since then, the defendants Nos.1 to 3 are staying on the first floor. They continued to threaten the plaintiff. Therefore, the plaintiffs filed the suit for declaration and permanent injunction. Along with the suit, the plaintiffs filed an application for temporary inj