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2026 DAILYLAW 11389 (DEL)

MS. HARNEET KAUR TALWAR AND ORS v. GOVERNMENT OF NCT OF DELHI AND ORS

LPA/415/2026 · 2026-07-07

Tejas Karia

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

LPA 415/2026 $~33 * IN THE HIGH COURT OF DELHI AT NEW DELHI + LPA 415/2026, CM APPL. 36596/2026 & CM APPL. 36597/2026 MS. HARNEET KAUR TALWAR AND ORS .....Appellants Through: Mr. Ashim Vachher, Senior Advocate along with Mr. Sumeet Shokeen, Mr. Prayag D. Sehrawat, Mr. Kartikey Anand, Mr. Vinayak Uniyal & Ms. Saiba M. Rajpal, Advocates. versus GOVERNMENT OF NCT OF DELHI AND ORS .....Respondents Through: Ms. Avni Singh, Panel Counsel along with Ms. Binola Das, Advocate for Respondent No. 1. Mr. Rohit Kathuria, Mr. Dhruv Varma & Mr. Harshit Sharma, Advocates for Respondent No. 2. Ms. Seema Gupta, Advocate for Respondent No.4 (through VC). CORAM: HON'BLE THE CHIEF JUSTICE HON'BLE MR. JUSTICE TEJAS KARIA O R D E R % 07.07.2026 1. This Letters Patent Appeal seeks to impeach the order dated 08.04.2026 (“Impugned Order”) passed by the learned Single Judge whereby W.P. (C) No. 17803/2024 (“Writ Petition”) titled as ‘Ms. Harneet Kaur Talwar & Ors. v. Government of NCT of Delhi & Ors.’ filed by the Appellants has been disposed of with the liberty to avail an appropriate remedy which may be available to them in accordance with law. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:53:37 LPA 415/2026 2. The facts of the case leading to filing of this Appeal are that Appellant No. 1 as also Respondent No. 4, both are claiming to be the legally wedded wife of one Kawal Jit Singh Talwar, who passed away on 05.10.2024. 3. On an application made by the brother of the deceased who is the brother-in-law of Appellant No. 1, the Municipal Corporation of Delhi (“MCD”) issued a death certificate under the provisions of the Registration of Births and Deaths Act, 1969 (“Act”) and the Rules made thereunder where Respondent No. 4- Ms. Jatinder Kaur is shown to be the spouse of the deceased Kawal Jit Singh Talwar. The Appellants appear to have made application to the Registrar (Birth & Death), MCD on 16.10.2024 and 23.10.2024 seeking correction in the said death certificate to the effect that in place of Ms. Jatinder Kaur, the name of Appellant No. 1 be shown as the spouse of the deceased Kawal Jit Singh Talwar. Since the said application seeking correction was not being decided, the Appellants instituted the underlying Writ Petition which has been disposed of, as observed above, by learned Single Judge by the Impugned Order relegating the Appellants to seek an appropriate remedy before an appropriate forum by instituting appropriate proceedings. 4. The learned Counsel representing MCD has filed a status report stating therein that for claiming to be the legally wedded wife of the deceased Kawal Jit Singh Talwar, Respondent No. 4- Ms. Jatinder Kaur has filed certain documents. He has submitted on the said basis that accordingly, the issue as to who is the legally wedded wife of the deceased Kawal Jit Singh Talwar has become contested, determination of which would require adducing evidence by the concerned parties. This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:53:37 LPA 415/2026 5. In view of the aforesaid, we are of the opinion that the appropriate remedy available to the Appellants for redressal of their grievances raised in this Appeal lies with the court of competent civil jurisdiction for the reason that proceedings under the Act and the rules made thereunder are summary in nature, and, therefore, determination of the issue which is required in this case cannot be made under the said provisions. 6. In view of the existence of rival claims between Appellant No. 1 and Respondent No. 4 as to who is the legally wedded wife of the deceased Kawal Jit Singh Talwar, the Appellants would be better advised to seek their remedies before a court of competent civil jurisdiction. 7. We have been informed that a suit has already been instituted by Appellant No. 1 in respect of a declaration concerning the marriage certificate being relied upon by Respondent No. 4 / Ms. Jatinder Kaur. 8. In view of the aforesaid, we do not find any good ground to interfere with the Impugned Order. The Appeal is, therefore, dismissed. 9. It is needless to say that any entry in the Birth and Death Register under the Act and the Rules framed thereunder shall abide by the outcome of the civil proceedings which have been instituted or which may be instituted by the Parties. DEVENDRA KUMAR UPADHYAYA, CJ TEJAS KARIA, J JULY 7, 2026/ ‘A’ This is a digitally signed order. The authenticity of the order can be re-verified from Delhi High Court Order Portal by scanning the QR code shown above. The Order is downloaded from the DHC Server on 09/07/2026 at 10:53:37