Suit No. 199 of 1989. Case: Kanak Vinod Mehta Vs Vinod Dulerai Mehta. High Court of Bombay (India)
| Case Number | Suit No. 199 of 1989 |
| Counsel | For Appellant: J.I. Mehta and Dwarkadas, Advs., i/b., Smetham Byrne Lambert & Dubash and For Respondents: S.R. Simen and Shailesh Parikh, Advs., i/b., Parikh & Co. |
| Judges | A.A. Cazi, J. |
| Issue | Family Courts Act, 1984 - Sections 7 and 7(1); Civil Procedure Code (CPC), 1908 - Sections 2 and 3; Bombay Civil Courts Act, 1869 - Sections 5 and 7 |
| Citation | 1991 (1) BomCR 69 |
| Judgement Date | July 17, 1990 |
| Court | High Court of Bombay (India) |
Judgment:
A.A. Cazi, J.
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The Plaintiff is the wife of the defendant. The reliefs which she has asked for in this suit are:-
(a) that this Hon'ble Court be pleased to declare that the plaintiff is entitled to an undivided right title and interest in the said matrimonial home being Unit No. 4, in Chancellor Court, Carmichael Road, Bombay-400 026 and that the plaintiff is entitled to reside therein without any let or hindrance from any quarter Whatsoever:
(b) that this Hon'ble Court be pleased to declare that the plaintiff is entitled to the maintenance of the Rs. 17,000/- per month form the defendant for the maintenance of the plaintiff and their son Harshraj over and above the other expenses such as flat and lift maintenance charges, telephone bills including, superphone STD and trunk charges, electricity charges, and a chauffer driven car and the expenses pertaining to the maintenance and repairs of the car, petrol bills, insurance charges, taxes, salary of the driver etc. Which were previously being paid by the defendant directly;
(c) that this Hon'ble Court be pleased to issue a permanent order of injunction restraining the defendant, his family members, servants and agents from in any manner dealing with or disposing of or parting with possession of his right, title and interest in the matrimonial home being Unit No. 4 of chancellor Court situate at Charmichael Road, Bombay 400 026 and /or from in any manner inducting any third person into the said premises and or from in any manner interfering with or disturbing the plaintiff's right, title and interest and use and occupation of the said premises;
(d) that this Hon'ble Court be pleased to order and decree the defendant to pay a sum of Rs. 17,000/- per month to the plaintiff being the maintenance charges of the plaintiff and her son Harshraj over and above the other expenses such as flat and lift maintenance charges, electricity charges, telephone charges including superphone STD and trunk charges, and a chauffer driven car and the expenses pertaining to the maintenance and repairs of the car, petrol bills, insurance charges, taxes, salary of the driver etc. Which were being paid by the defendant directly;
(e) that this Hon'ble Court be pleased to order and decree that the defendant to hand over to the plaintiff insurance policies, books of account, cheque books, counter-foils of cheque books, income -tax and wealth-tax returns, shares of Ficom Organic Ltd., the reliance Industries Ltd. etc.
In the body of the plaint the plaintiff has referred to Unit No. 4 in Chancellor Court, Carmichael Road, Bombay-400 026 as her matrimonial home. She has further averred as follows:
"She was married to the defendant on 26th February, 1970 according to Hindu rites. On 15th February, 1973 there was a son born from this marriage, who is named Harshraj. In April 1987, the defendant's father, i.e. the plaintiff's father -in-law took a Power of attorney from the plaintiff. In January/February 1988 the defendant become aggressive and started treating the plaintiff in a rude manner. On 22nd February, 1988 the plaintiff was deprived of the use of the motor car, telephone and servant and the defendant started to engage detectives to shadow the plaintiff. There was acrimonious correspondence carried on between the parties from 17th March, 1988 to 30th November, 1988. The defendant has stopped paying for the household expenses to the plaintiff. He has openly stated that he would try to drive the plaintiff and Harshraj to the street. The household bills of March 1988 amounting to Rs. 15,000/- have remained unpaid. The plaintiff's matrimonial home is in Bombay. The defendant stays in Bombay. The cause of action has arisen in Bombay. For the purposes of Court fees and jurisdiction the plaintiff values her claim in prayers (a), (c) and (e) at Rs. 300/- each and prayer (b) and (d) at Rs. 2,04,000/- being the value of the annual maintenance. With these averments the plaintiff has asked for the reliefs, as stated above, and filed this suit in this Court".
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