Delhi High Court
Harpal Singh vs Maya Dedi & Ors. on 18 October, 2023
$~34
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 18th October, 2023
+ MAT.APP.(F.C.) 308/2023, CM APPL.54358/2023
HARPAL SINGH ..... Appellant
Through: Mr. Lal Singh Thakur, Advocate with
appellant through Video
Conferencing.
versus
MAYA DEVI & ORS. ..... Respondents
Through: Ms. Vaishali Gupta Panel Counsel,
GNCTD with Mr. Apoorv Upmanyu,
Advocate for R-3.
Learned Counsel for R-4 (appearance
not given).
CORAM:
HON'BLE MR. JUSTICE SURESH KUMAR KAIT
HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
J U D G M E N T (oral)
CM APPL. 54357/2023 (Seeking Exemption)
1. Allowed, subject to just exceptions.
2. The application is disposed of.
MAT.APP.(F.C.) 308/2023
3. The present appeal under Section 19 of the Family Courts Act, 1984
has been filed against the impugned Order dated 25.09.2023 passed in Suit
No.142/23 by the learned Judge, Family Court, Dwarka, New Delhi with the
following prayer :
Signature Not Verified
DigitallySigned By:SAHIL
SHARMA
Signing Date:20.10.2023
21:32:27
"a. Call for the trial court record;
b. Set-aside the impugned order/ judgment dated
25.09.2023 passed by the Court of Sh. Vipin Kumar Rai,
Ld. Judge Family Courts, Dwarka Courts, New Delhi in
Civil Suit No.142/2023 having title Harpal Singh Versus
Maya Devi & Ors., in the interest of justice.
c. Restrain the Respondents, their legal heirs and
Respondents' s family members, Associates, Successor
and any other person on behalf of the Respondents from
creating any kind of in cumbrance in the performance of
the peaceful last Rites of the Appellant.
d. Direct the respondent no. l to provide protection to son
of the petitioner namely Master Samrat Singh from
Respondent No. 1 & 2 at the time of performing last rites
of petitioner.
e. Restrain the respondents not to participate or touch the
dead body of the Appellant and also not interfere in the
last rites performance, done by Master Samrat in any
manner."
4. Learned Counsel for the petitioner submits that the Will has already
been executed in favour of Master Samrat son of the appellant from live-in
relationship. A prayer is made by way of this Appeal that at the time of
death of the appellant, his wife i.e. the respondent and her associates may be
restrained from creating any kind of encumbrance in the performance of his
peaceful last Rites.
5. However, at the time of the death of the appellant, the Executor of the
Will may take requisite steps to prevent any ruckus from the family of the
respondent/ wife, in terms of the Will and no Orders are required to be made
in this regard.
6. We find that there is no cause of action disclosed in the suit and has
Signature Not Verified
DigitallySigned By:SAHIL
SHARMA
Signing Date:20.10.2023
21:32:27
been rightly dismissed.
7. We find no merit in the Appeal which is hereby dismissed along with
the pending application.
(SURESH KUMAR KAIT)
JUDGE
(NEENA BANSAL KRISHNA)
JUDGE
OCTOBER 18, 2023
va
Signature Not Verified
DigitallySigned By:SAHIL
SHARMA
Signing Date:20.10.2023
21:32:27
