Bombay High Court

Mrunal W/O. Bhushan Kulkarni vs Bhushan S/O. Natha Kulkarni on 17 January, 2024

Author: B. P. Colabawalla

Bench: B. P. Colabawalla

2024:BHC-AS:2319
1.IA.2220.23.23.DOC

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION

INTERIM APPLICATION NO.2220 OF 2023
IN
FAMILY COURT APPEAL(ST)NO. 5942 OF 2023

Mrunal w/o Bhushan Kulkarni ..Appellant/Applicant
ANJALI Digitally signed by
ANJALI TUSHAR
TUSHAR ASWALE
Date: 2024.01.18
ASWALE 14:38:48 +0530
Versus

Bhushan s/o Natha Kulkarni ..Respondent

Mr.Abhishek Kulkarni, with Mr.Sagar Wakale,
Advocates for the Appellant/Applicant/wife.

Mr.Vikas Shivarkar, Advocates for the Respondent-
husband.

Mrs.Mrunal Bhushan Kulkarni, Appellant-wife is
present in Court.

Mr.Bhushan Natha Kulkarni, Respondent- Husband
is present in Court.

CORAM : B. P. COLABAWALLA
SOMASEKHAR SUNDARESAN, JJ.
DATE : JANUARY 17, 2024

P.C.

The above Interim Application is filed seeking the

following reliefs:-

A) This application be allowed;

B) Pending hearing and final disposal of

present Family Court Appeal, Temporary
injunction be granted restraining
respondent, his sister Vidya Kirve/relatives
of any other person/agent from dispossessing

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the appellant from her residential flat R/o
Plot no.3, Survey no.18 Vardesai Society,
Ingle Nagar Warje Jakat Naka, Warje
Malwadi Pune.

2 The above Appeal is filed by the Applicant/Appellant-

wife challenging the order dated 3 rd February, 2023 passed by the

learned Family Court, Pune in Petition PA-1215/2018. By the

impugned order, the Divorce Petition filed by the husband was

granted and the counterclaim of the wife seeking restitution of

conjugal rights was dismissed.

3 The relief sought in the present application is on the

basis that the flat mentioned in prayer clause (b) of the Interim

Application is her matrimonial home and she ought not to be

dispossessed from the said till the disposal of the above Appeal.

4 The learned counsel appearing on behalf of the

Applicant submitted that initially, the Family Court, during the

pendency of the proceedings before it, on 14 th August, 2019 passed

an interim injunction restraining the husband and his relatives or

any other person on his behalf from dispossessing the wife from

the residential flat. He submitted that thereafter this order was

vacated by order dated 17th January, 2023 because the wife did not

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take appropriate steps as per the order dated 6 th October, 2022.

The order dated 6th October, 2022 basically directed the wife to

take necessary steps to join the sister of the husband because

prayer clause (c) of the application before the Family Court also

sought to restrain the sister from dispossessing the wife. The

learned counsel submitted that in these circumstances, the

Respondent-husband be restrained from dispossessing the

Appellant-wife from her matrimonial home because if the

aforesaid relief is not granted, she would have no roof on her head.

5 On the other hand, the learned counsel appearing on

behalf of the Respondent-husband submitted that the house in

which the wife is staying does not belong to him. It originally

belong to his father and after the passing of his father, the same

has been bequeathed to his sister. He submitted that in fact the

sister has initiated proceedings not only to restrain the Appellant-

wife from entering and/or using the said flat but also seeking

possession of the same. He submitted that granting any injunction

restraining the Respondent-husband from dispossessing the

Appellant-wife from the said flat would be useless because he is

not the owner of the same.

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6 We have heard the learned counsel appearing for the

parties. We have also perused the papers and proceedings in the

above Interim Application. It is not in dispute that the said flat

was the matrimonial home of the Appellant-wife. It is also not in

dispute that the Appellant-wife has been residing in the said flat

since the time she was married to the Respondent-husband. Once

this is the case, we are of the view that pending the hearing and

final disposal of the above Appeal, the Respondent-husband ought

to be restrained from dispossessing the Appellant-wife from her

matrimonial home. We say this because it is the case of the

Respondent-husband himself that he is not the owner of the said

flat and has got nothing to do with the same. If this is the case,

there would be no question of allowing the Respondent-husband

to forcibly or illegally dispossess the Appellant-wife from her

matrimonial home. We may hasten to add that this restraint order

is passed only against the Respondent-husband and not any other

party. Any proceedings filed against the Applicant/wife by the

sister of the Respondent-husband shall be decided on its own

merits and in accordance with law, uninfluenced by this restraint

order.

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7 The above Interim Application is disposed of in the

aforesaid terms. However, there shall be no order as to costs.

8 This order will be digitally signed by the Private

Secretary/ Personal Assistant of this Court. All concerned will act

on production by fax or email of a digitally signed copy of this

order.

[SOMASEKHAR SUNDARESAN, J.] [ B. P. COLABAWALLA, J.]

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