JAIDEV RAJNIKANT SHROFF Vs. POONAM JAIDEV SHROFF

JUDGEMENT

(1.) These two interlocutory applications filed by the respondent­wife are part of series of a long drawn acrimonious litigation between the husband and wife.

(2.) For the disposal of the present interlocutory applications, we need not refer to the facts in detail. Suffice it to say that the appellant­husband and the respondent­wife were married to each other on 27th November 2004. However, the relationship between them soured. Various cases including the FIRs were filed by both the husband and wife against each other.

(3.) The appellant­husband filed a divorce petition being Petition No. A­2742 of 2015 before the Family Court at Bandra, Mumbai (hereinafter referred to as the "Family Court") seeking divorce on the ground of cruelty. The same was filed in the month of October 2015. During the pendency of the said divorce petition, the appellant­husband lodged a complaint against the respondent­wife with the Khar Police Station, making certain serious allegations against the respondent­wife. On the basis of the said complaint, an FIR being FIR No. 169 of 2016 came to be registered by the said police station. It is the contention of the appellant­husband that after the said FIR was lodged, the respondent­wife voluntarily left 82, Pali Hill, Bandra (West), Mumbai - 400 050 (hereinafter referred to as the "said house"), wherein the appellant­husband and the respondent­wife were residing together. According to the appellant­husband, the respondent­wife along with their daughter Rudritara went to 38, Pali Hill, Bandra, i.e., her mother 's residence. The appellant­husband thereafter filed an application seeking an order of injunction restraining the respondent­wife from entering the said house. The Family Court vide order dated 22nd April 2016, allowed the said application, thereby granting an injunction restraining the respondent­wife from entering the said house. Being aggrieved by the order passed by the Family Court dated 22nd April 2016, the respondent­wife filed a writ petition being Writ Petition No. 6029 of 2016 before the Bombay High Court. Vide order dated 24th October 2016, the High Court allowed the said writ petition filed by the respondent­wife. Being aggrieved thereby, the appellant­husband has approached this Court. That is how the main appeal has travelled up to this Court.