Civil Appeal No. 6450 of 2017 (Arising out of SLP (C) No. 4385 of 2017). Case: Samir Vidyasagar Bhardwaj Vs Nandita Samir Bhardwaj. Supreme Court

Case Number:Civil Appeal No. 6450 of 2017 (Arising out of SLP (C) No. 4385 of 2017)
Party Name:Samir Vidyasagar Bhardwaj Vs Nandita Samir Bhardwaj
Judges:Kurian Joseph and R. Banumathi, JJ.
Issue:Special Marriage Act - Section 27(1); Protection of Women from Domestic Violence Act, 2005 - Sections 19, 19(1); Constitution of India - Article 136
Judgement Date:May 09, 2017
Court:Supreme Court
 
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Judgment:

R. Banumathi, J.

  1. Leave granted.

  2. An order passed by the High Court of Bombay in Writ Petition(C) No. 169 of 2017 dated 11.01.2017 wherein the High Court affirmed the interim order passed by the Family Court in and by which the Appellant-husband has been directed to remove himself from his own home and not to visit there until the divorce petition is finally decided is under challenge.

  3. This case presents a very unpleasant tale of a couple having daughters who are in their early twenties witnessing a bitter matrimonial battle between their parents. The Appellant and the Respondent herein tied nuptial knot on 05.05.1992. The couple resided in two flats being Flat No. 102 and Flat No. 103 situated in the building known as "Hi Ville" 29th Road, Bandra (West), Mumbai. The said two flats were sold by the couple and they purchased a flat bearing No. 201 situated in "Aashna" Building, 8, St. Martin Road, Bandra (West) Mumbai by way of Agreement for Sale dated 22.11.2010. The said flat was purchased in the joint names of the Appellant and the Respondent herein where they have been residing with their two daughters till date.

  4. After more than two decades of marital life, on 09.07.2015 Respondent-wife filed a petition Under Section 27(1)(d) of the Special Marriage Act for divorce against the Appellant being Petition No. A-1873 of 2015 in the Family Court at Bandra, Mumbai. The Respondent has sought various other reliefs including a direction to be given to the Appellant to move out of the matrimonial home and handover vacant and peaceful possession of the same to the Respondent and to pay a maintenance of Rs. 1,00,000/- and other consequential reliefs apart from seeking dissolution of marriage. An application being I.A. No. 162 of 2015 was filed by the Respondent-wife Under Section 19(1)(b) of the Protection of Women from Domestic Violence Act, 2005 (for short 'the Domestic Violence Act') praying for issuance of mandatory injunction against the Appellant-husband to move out of the matrimonial house and handing over the vacant and peaceful possession of the house. In addition to the above, she had also sought for alimony/maintenance and the expenses of marriage of her daughters.

  5. When the application was taken up by the Family Court, the Respondent-wife did not press for other reliefs and she pressed only for the relief of mandatory injunction to direct the Appellant-husband to move out of the matrimonial house. The application...

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