REKHA NEGI Vs. DIMPLE NEGI

JUDGEMENT

(1.) The defendants-appellants have challenged the legality of the order, dtd. 10/6/2021, passed by the learned Principal Judge, Family Court, Dehradun, whereby the learned Principal Judge has granted an ex parte temporary injunction order in favour of the plaintiffs-respondents, Smt. Dimple Negi, and Km. Pari Negi.

(2.) Briefly, the facts of the case are, that the plaintiffs-respondents, Smt. Dimple Negi, and Km. Pari Negi, had filed a civil suit before the Family Court for seeking a declaration that the plaintiffs are the legal heirs of Late Mr. Vishamber Singh; they have the right and interest in the movable and immovable properties of Mr. Vishamber Singh after his death. They had also sought a declaration that they are entitled to the death benefits which would be released by the Oil and Natural Gas Corporation (for short "the ONGC"), defendant No.4. They had further sought a permanent injunction in their favour against defendant Nos.l to 3, who according to the plaintiffs were the first wife of Late Mr. Vishamber Singh, and his two children from the first wife.

(3.) According to plaintiff No.l, she met Mr. Vishamber Singh through Facebook. They fell in love with each other. He informed her that his first wife had expired, and his two children were staying with their grandparents. Therefore, he is looking for a companion for himself. The plaintiff No.l, and Mr. Vishamber Singh got married on 15/10/2016 at Gurudwara Shri Guru Singh Sabha, situated at Mahinder Park, Delhi. At the time of marriage, while the plaintiff No.l was residing in Delhi, Mr. Vishamber Singh was residing in Dehradun, and working with the ONGC. After the marriage, Mr. Vishamber Singh brought the plaintiff No.l to his house situated at Yamnotri Enclave Store, Phase-II, Chanderbani Road, near Kothari General Store, Dehradun. During the marriage, the plaintiff No.l, and Mr. Vishamber Singh were blessed with a daughter on 19/9/2018. A few years after their marriage, and after the birth of their daughter, Mr. Vishamber Singh informed the plaintiff No.l that he had lied about his first wife (defendant No.l in the Civil Suit). It is not that she had died, but he had taken divorce from her. He further informed that he had already settled the permanent alimony with his first wife. Unfortunately during the COVID-19 pandemic, Mr. Vishamber Singh died on 12/5/2021. After the death of Mr. Vishamber Singh, the plaintiffs approached the ONGC for completing the formalities pertaining to the death benefits. However, she was shocked to know that the name of Mr. Vishamber Singh's first wife, i.e. the name of the defendant No.l, Smt. Rekha Negi, continued to be recorded in the official record of the ONGC.