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Sandhya Malik vs Col Satender Malik on 13 April, 2022

Author: Mukta Gupta

Bench: Mukta Gupta, Neena Bansal Krishna

                     $~ 11
                     *     IN THE HIGH COURT OF DELHI AT NEW DELHI
                     +       MAT.APP.(F.C.) 309/2018
                             SANDHYA MALIK                                 ..... Appellant
                                     Represented by:       Ms. Anu Narula, Advocate.
                                                  Versus
                             COL SATENDER MALIK                            .... Respondent
                                      Represented by:      Mr. Deepender Hooda, proxy
                                                           counsel for R-1, LRs Smt.
                                                           Rajwanti and Ms. Sejal Malik.
                                                           Mr. Sanjay K. Chadha for
                                                           impleader/applicant,    namely,
                                                           Ms. Nidhi Salgame.

                             CORAM:
                             HON'BLE MS. JUSTICE MUKTA GUPTA
                             HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA
                                           ORDER

% 13.04.2022 CM APPL. 2934/2022 (Impleadment)

1. By this application, the appellant seeks leave to implead the legal heirs of the respondent i.e., mother of the respondent and the daughter of the respondent and the appellant as respondents, for the reason, the respondent passed away on 02nd December, 2021 at Itanagar, Arunachal Pradesh. According to the appellant, she attended the last rites of her husband despite her being unwell. As per this application, two legal heirs of the respondent would be Smt. Rajwanti, the mother of the respondent and Ms. Sejal Malik, the daughter of the appellant and the respondent.

2. Learned counsel enters appearance and accepts notice on behalf of the legal heirs i.e., Smt. Rajwanti and Ms. Sejal Malik.

3. Application is disposed of, permitting impleadment of Smt. Rajwanti and Ms. Sejal Malik as the respondents in place of Colonel Satender Malik, who has since passed away.

MAT.APP.(F.C.) 309/2018

1. Amended memo of parties be filed within one week.

2. Learned counsel appearing on behalf of Ms. Nidhi Salgame states that Ms. Nidhi Salgame is the second wife of deceased Colonel Satender Malik and an application had been filed by her for impleadment as the respondent vide diary No. E-615054/2022. However, no such application is on record.

3. Learned counsel appearing for Ms. Nidhi Salgame states that he will remove the defects, if any, so that application comes on record.

4. As and when the application is listed before this Court, it will be seen, whether Ms. Nidhi Salgame is required to be impleaded, for the reason, divorce was granted between the appellant and the deceased Colonel Satender Malik vide judgement dated 04 th September, 2018 and within the period of limitation, the appeal was filed and vide order dated 30th November, 2018, this Court had stayed the operation of the impugned order dated 04 th September, 2018. Further on 06th February, 2019, the respondent appeared in the Court and submitted that till the decision in the present appeal, he has no intention to re-marry and the respondent-deceased Colonel Satender Malik was bound by the statement made before the Court. Hence, any marriage between the deceased Colonel Satender Malik and Ms. Nidhi Signature Not Verified Signed By:NIRMLA MAT.APP.(F.C.) 309/2018 Page 2 of 3 TIWARI Signing Date:23.04.2022 17:47:59 Salgame cannot be recognized as a valid legal marriage giving her the status of a legal heir.

5. List the appeal on 20th July, 2022.

6. Order be uploaded on the website of this Court MUKTA GUPTA, J.

NEENA BANSAL KRISHNA, J.

APRIL 13, 2022 S.Sharma Signature Not Verified Signed By:NIRMLA MAT.APP.(F.C.) 309/2018 Page 3 of 3 TIWARI Signing Date:23.04.2022 17:47:59