HC confirms divorce, but allows husband to live in wife`s flat

Last Updated: Monday, April 12, 2010 - 22:37

Mumbai: The two legally separated 28 years
after marriage but will continue to share a flat in suburban
Juhu following a Bombay High Court verdict.


The flat is in the name of the wife who shifted to Delhi
11 years after her marriage due to differences with him.

Both Sharad and Meena (names changed) are in their
sixties. They got married in April 1969, and have two grown up
sons. However, problems arose in the later years, and Meena
moved to Delhi in 1980.


The flat in which they lived in suburban Juhu had been
purchased in Meena`s name. In 1981, Sharad filed a suit in a
civil court, claiming ownership of the flat.

He contended that flat was entirely financed by him.
However, following a settlement, Sharad accepted that she was
the legal owner. This was noted in the civil court`s
final ruling.


In turn, the wife agreed to share the flat with him. The
flat was then partitioned into two units.


In 1997, Meena filed for divorce on the ground of
cruelty. Her contention was that husband accused her of
having an extramarital affair which amounted to mental
cruelty.


The Family court granted her divorce while rejecting
Sharad`s plea that Meena be restrained from throwing him out
of the house. Sharad filed an appeal in the High Court.


In its recent judgement, a division bench of Justices A P
Deshpande and R P Sondurbaldota held that grant of divorce
was justified as marriage had broken down completely.


The High Court also took into account the earlier ruling
of the civil court, whereby husband and wife had agreed to
share the flat.


Whie giving its nod for dissolution of their marriage,
the Court put in a rider that Meena shall not throw her
husband out of their matrimonial home.

-PTI



First Published: Monday, April 12, 2010 - 22:37

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