VARSHA SHARMA Vs. AJAY SHARMA

JUDGEMENT

(1.) The instant appeal under Sec. 96 C.P.C. has been filed by the plaintiff-appellant Smt. Varsha Sharma @ Suman against the judgment and decree dtd. 17/9/2022 passed by the court of Additional Civil Judge (S.D.) Gautam Budh Nagar in O.S. No.668 of 2015, Smt. Varsha Sharma @ Suman Vs. Ajay Sharma & others, whereby the plaintiff's suit for declaration that she is the second legal wife of late Mukesh Sharma, has been dismissed by the trial court on the ground that the suit is not maintainable because the plaintiff is seeking declaration of her matrimonial status, which can only be granted by a Family court, constituted under the Family Courts Act, 1984.

(2.) Brief factual matrix is that the plaintiff-appellant filed a suit with the averments that her husband Mukesh Sharma was earlier married to a woman named Rekha, and from that wedlock, the defendants were born. Thereafter, Smt. Rekha died, after which the plaintiff-appellant and Mukesh Sharma willingly solemnized marriage, according to Hindu rites and rituals on 12/3/2011 and thereafter, lived together. No child was born from this wedlock. Unfortunately, her husband Mukesh Sharma expired on 21/3/2014, leaving behind movable and immovable property of approximately Rs.30.00 crores in which, she and the defendants had equal 1/3rd share. It is the case of the plaintiff that in order to usurp the property of her late husband, the defendants has refused to accept her as the legal wife of Mukesh Sharma. The plaintiff further averred that during her lifetime, Mukesh Sharma had acknowledged her to be his legal wife and had accordingly, opened joint bank accounts in different banks, in which defendant No.1 Ajay Sharma was also made nominee.

(3.) It was further submitted that in Aadhaar card and other documents, she was shown to be the legally wedded wife of Mukesh Sharma. The plaintiff submitted that since, the heirs of late Mukesh Sharma have refused to accept her as the legally wedded wife of the deceased, as such, there is no other alternative, but to seek declaration from this Court regarding her matrimonial status. With these submissions, it was prayed that:-