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The husband not to alienate his house property during the pendancy of matrimonial disputes

Raj Kumar Makkad ,
  11 November 2010       Share Bookmark

Court :
Bombay High Court
Brief :
Application for residence where an alternative residential premises provided to the aggrieved party under Section 19(1)(f) D.V. Act - Whether wife would not be entitled to insist upon residing in the shared household and not be evicted or excluded?
Citation :
Mrs. Sabah Sami Khan v.Adnan Sami Khan (Decided on 21.10.2010) MANU/MH/1319/2010

Held, that the order passed by the 2nd Family Court, Mumbai requires to be modified. Once an offer made and was seen to be a reasonable offer, the wife would not be entitled to insist upon residing in the shared household only and not be evicted or excluded therefrom. Offer by husband for her separate residence or their flat at 203, Ankita Apartments, Versova, Andheri, Mumbai, was seen to be reasonable and, therefore, accepted. Petitioner-wife would be entitled to choose to reside in either of the aforesaid premises. The husband and his relatives should not enter upon or disturb the occupation, use and enjoyment of the Petitioner-wife in the aforesaid premises. The Respondent-husband should not sell, alienate, encumber or otherwise create any third party rights or renounce the title claimed by him in the flats on the 13th and 14th floors of Oberoi Sky Garden, Lokhandawala Complex, Andheri, Mumbai, until the final disposal of their matrimonial dispute.

 
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Published in Criminal Law
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