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august 2025

Delhi High Court · 2025-08-20

GEETA SHARMA vs KANCHANA RAI & ORS.

Citation / case number
MAT.APP.(F.C.)-303/2024 2025:DHC:7047-DB
Court
Delhi High Court
Petitioner
GEETA SHARMA
Respondent
KANCHANA RAI & ORS.

Judgment text excerpt

$~ * IN THE HIGH COURT OF DELHI AT NEW DELHI % Judgment reserved on: 31.07.2025 Judgment pronounced on: 20.08.2025 + MAT.APP.(F.C.) 303/2024, CM APPL. 52917/2024, CM APPL. 72192/2024, CM APPL. 8781/2025,CM APPL. 22992/2025 & CM APPL. 33206/2025 GEETA SHARMA .....Appellant Through: Mr. Vikas Singh, Sr. Adv. with Mr. Varun Singh, Ms. Deepeika Kalia, Ms. Alankriti Dwivedi, Ms. Somesa Gupta, Ms. Vasudha Singh & Mr. Sudeep Chandra, Advs. versus KANCHANA RAI & ORS. .....Respondents Through: Mr. Parag P Tripathi, Sr. Adv. Ms. Niyati Kohli, Mr. Pratham Vir Agarwal & Mr. Nilay Gupta, Advs. for R-2 & 3. Mr. Trideep Pais, Sr. Adv. with Mr. Shravanth Shanker, Adv. for Applicant Uma Devi. CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL HON'BLE MR. JUSTICE HARISH VAIDYANATHAN SHANKAR JUDGMENT ANIL KSHETARPAL, J. 1. Through the present Appeal filed under Section 19 of the Signature Not Verified Signed By:JAI MAT.APP.(F.C.) 303/2024 Page 1 of 9 NARAYAN Signing Date:20.08.2025 11:40:39 Family Courts Act, 1984, the Appellant1 assails the correctness of the impugned judgement and order dated 27.08.20242, passed by Ld. Judge, Family Court-01, South-East District, Saket Courts, New Delhi3 in HAMA No.09/2023 captioned Geeta Sharma vs. Kanchana Rai & Ors., whereby the Petition filed by the Appellant under Sections 19, 21, 22 and 23 of the Hindu Adoption and Maintenance Act, 19564 was found to be non-maintainable in view of Section 22 of the HAMA and was accordingly dismissed. 2. The question of law requiring adjudication of this Court in the present Appeal is whether a daughter-in-law, who becomes a widow after the demise of her father-in-law, is entitled to claim maintenance from the estate derived from coparcenary property of her deceased father-in-law. Since the issue before this Court pertains

GEETA SHARMA vs KANCHANA RAI & ORS. · Niyam