KIRAN BHATTY Vs. ASLAM QADAR KHAN

JUDGEMENT

(1.) By this application plaintiff has prayed that the defendant be restrained from creating any third party interest or dealing with the suit property, that is, A -27, Nizamuddin East, New Delhi -110014 including raising any construction thereon.

(2.) Briefly stated, facts of the case, as emerging from the record, are that the plaintiff and defendant are husband and wife. Plaintiff is a Christian and defendant a Muslim. Their marriage was solemnized on 30th October, 1992 as per Christian rites and ceremonies at the Centenary Methodist Church, New Delhi at about 4 pm. Thereafter, on the insistence of defendant and his family, ceremonies of a Muslim marriage were performed on the same evening. From their wedlock two children (one female and one male) were born. After the marriage, defendant had been managing all the properties and funds of the plaintiff.

(3.) After the birth of their second child in the year 2001, behaviour of defendant became erratic against the plaintiff. Plaintiff was pursuing PhD from London School of Economics and was to submit her PhD thesis by 30th April, 2006. Defendant did not render any cooperation to the plaintiff, inasmuch as, started misbehaving with her. On 16th November, 2005 suit property was purchased in the name of plaintiff by the defendant in the course of defendant's dealings with the properties of the plaintiff. Despite all the mental trauma faced by her on account of erratic behavior of the defendant, plaintiff succeeded in submitting her thesis. Defendant stopped financially supporting the plaintiff, inasmuch as, he cut off her access to all the joint accounts, credit cards etc. Thus, plaintiff was forced to take up a job with a NGO, 'CORD' at a monthly salary of Rs.30,000/ -. In the month of April, 2006 plaintiff's mother was diagnosed with breast cancer and had to undergo major surgery in Apollo Hospital. In order to augment her financial needs, plaintiff took up a three month consultancy with the Commonwealth Education Fund, beginning July, 2006. During this period, defendant started accusing the plaintiff of infidelity. His behavior towards children also became impulsive.