RFA(OS) 13/2016 Page 1 of 59

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IN THE HIGH COURT OF DELHI AT NEW DELHI

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Pronounced on:04^th December, 2023

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RFA(OS) 13/2016 & CM APPL. 6041/2016

MANU GUPTA

.....Appellant

Through:

Mr. Aslam Ahmed, Ms. Charu

Shriyam Singh & Mr. Abhishek

Dwivedi,

Advocates.

Ms.

Aakanksha Kaul, Amicus Curiae

with Mr. Manek Singh, Mr. Aman

Sahani

&

Mr.

Harsh

Ojha,

Advocates.

versus

SUJATA SHARMA & ORS.

..... Respondents

Through:

Ms.Mala Goel, Advocate for R-1.

Ms. Anita Trehan, Dr. Sarita

Dhuper, Ms. Kajal Chandra, Ms.

Prerna Chopra, Mr. Divye Puri &

Ms. Sakshi Anand, Advocates.

Mr. Brajesh Kr. Srivastava, Mr.

Deo Prakash Sharma, Mr. Manoj

Yadav & Mr. Umesh Kr. Gupta,

Advocates for R-9 & 10.

CORAM:

HON'BLE MR. JUSTICE SURESH KUMAR KAIT

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

DigitallySigned By:VIKAS

ARORA

Signing Date:06.12.2023

23:47:29

Signature Not Verified

RFA(OS) 13/2016 Page 2 of 59

NEENA BANSAL KRISHNA, J

“Real change, enduring change, happens one step at a time”

–Ruth Bader Ginsburg

1.

Men and women historically were born equal. However, over a

period of time, with the advancement of civilization and hierarchical

division of society, women have been pigeonholed according to gender

roles which progressed into an act of prelation that has relegated them to a

secondary position in society. Consequently, the once egalitarian society

became a breeding ground for chauvinism and discrimination in the form

of Sati, Child Marriage, Sexual Harassment, Domestic Violence, Dowry

Harassment and such like disparages. Legislature has time and again,

brought forth reforms to overcome this bigotry and free women from the

shackles of such specious fetters devised by mankind thereby enabling her

to achieve her full potential and march shoulder to shoulder with men.

2.

Despite robust legislations, real change has been slow due to the

pervasive ambivalence and deeply ingrained stereotypes. This is where

Courts assume significance for facilitation of implementation of the laws

resulting in actualisation for the stakeholders. This has been true,

especially in the laws conferring rights to women. It is known that though

the right of women to own property came to be recognized under the

Hindu Succession Act, 1956, the grim reality is that women were

compelled, by their circumstances and family members, to forgo their

rights in property. The tenacious role of Courts in upholding such rights

of women has propelled them to agitate their long overdue entitlements,

making Courts the game changer.

DigitallySigned By:VIKAS

ARORA

Signing Date:06.12.2023

23:47:29

Signature Not Verified

RFA(OS) 13/2016 Page 3 of 59

3.

Similarly, the Amendment of 2005 to the Hindu Succession Act,

1956 which has conferred coparcenary rights to the women, equivalent to

that of men, is a quintessence of another reform in law relating to women

empowerment. However, the unwavering certitude in marginalisation of

women, so deeply entrenched in Society, is perceived to be imperilled by

the prospect of a woman taking the position of Karta in an HUF, a role

that was traditionally assumed by men.

4.

This disinclination in accepting a woman as a Karta, despite having

been conferred equal rights equal coparcenary rights as men, has emerged

in the present case, leaving the ball in our Court.

5.

The present Appeal has been preferred by the appellant/Manu

Gupta (the defendant No.1 in the main Suit), against the Judgement dated

22.12.2015 whereby the Suit for Declaration for declaring the plaintiff

(respondent No.1 herein) as the K