HC allows estranged wife to purchase flat from hubby`s deposit
Mumbai: Coming to the rescue of a city-based doctor, whose husband is allegedly living with another woman, the Bombay High Court has permitted her to withdraw Rs 4.21 crore from the amount deposited by the husband to purchase a new flat for herself and her two minor children.
The husband in question had deposited around Rs 10 crore in November with the registrar general of the high court after selling two flats in Dadar in Central Mumbai, purchased by himself and his wife jointly.
The couple had married in 2003 but their relationship turned sour in 2007 after which the husband moved out of their house in Worli and started living with another woman.
The wife, who continues to live with her parents-in-law, had moved the family court seeking a restraining order against her husband and the bank from creating third party rights of the flats. She also asked the court to direct her husband and his firm to continue paying the EMIs of Rs 2,91,217 of the flats.
In February, the husband challenged the family court order before a single bench of the high court. However, the court ruled in favour of the wife and said if the flats were sold, the wife should be given equal share.
The husband had then challenged the order before a division bench. A division bench of Chief Justice Mohit Shah and Justice Nitin Jamdar had on the last hearing directed the couple to sell both the flats and deposit the money with the registrar general.
Out of the Rs 10 crore deposited, the court paid off the bank loan of Rs 5.05 crore and Rs 74 lakh to builder.
"Having regard to the fact that property prices are rising and that when the amount invested in the fixed deposit with the bank and that the interest rates will not match the rate of inflation, we are inclined to accept the request made by the wife," the bench said in its ruling recently.
The high court permitted the wife to withdraw the remaining Rs 4.21 crore and purchase a flat for herself and her two minor daughters.
The divorce applications of the couple will be heard by the family court.
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