Sangeeta v. Hitesh Kumar
Case brief
What is this about?
Appeal against decree for possession and damages in matrimonial dispute. Court upheld finding that property belongs to respondent alone but modified decree by deleting award of mesne profits/damages due to appellant's contribution.
What did the court decide?
The appeal was partly allowed. The decree was modified by setting aside the trial court's finding and award regarding mesne profits and damages. The decree for possession stands.
What the court decided
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- IN THE HIGH COURT OF DELHI AT NEW DELHI
- RFA 589/2015
SANGEETA .....Appellant Through: Mr. Manish Kapoor, Adv. versus
HITESH KUMAR .....Respondent Through: Mr. Aman Dhyani, Ms. Kanchan Semwal and Ms. Somya Gupta, Advs.
CORAM:
HON'BLE MS. JUSTICE MINI PUSHKARNA
- JUDGEMENT
- % 13.11.2025
- The present appeal under Section 96 of the Code of Civil Procedure, 1908 (“CPC”) , has been filed on behalf of the appellant/defendant/wife, i.e., Ms. Sangeeta, challenging the judgment and decree dated 26th May, 2015 (“impugned judgment”) , passed by the Additional District Judge (“ADJ”) - 06, West, Tis Hazari Courts, Delhi in Suit No. 581/2014 , titled as “Sh. Hitesh Kumar Versus Ms. Sangeeta”.
- By way of the said suit, the respondent/plaintiff/husband, i.e., Mr. Hitesh Kumar, had sought possession of the suit property, i.e., property bearing No. B-6, Shani Bazar Road, Uttam Nagar, New Delhi - 110059, admeasuring 65 sq. yards , along with damages and mesne profits.
Issues for consideration
3 issues framed by the court
Whether the appellant has any right to co-ownership in the suit property purchased solely in the respondent's name?
Whether the right to reside in a shared household survives the dissolution of marriage by divorce decree?
Whether the trial court's award of mesne profits and damages is sustainable in view of the appellant's contribution to loan installments?
Parties & counsel
- appellant
SANGEETA
- respondent
HITESH KUMAR
Coram
MINI PUSHKARNA
Case details
As recorded by the court registry
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