HARINDER DEWAN Vs. RAVI DEWAN

JUDGEMENT

(1.) THIS is a suit for permanent and mandatory injunction. The plaintiff is the wife of the defendant, they having got married on 24th January, 1975. It is alleged that on 13th April, 2003, the plaintiff had to leave for USA to attend the funeral of her mother. When she returned to India in July, 2003 she was not allowed to enter the matrimonial house of the parties. It is alleged that a three-bed room apartment bearing No. C-101, Vasundhara Apartments, Dwarka, New Delhi was purchased by the defendant in the name of the plaintiff and for her benefit. The defendant also purchased a double storey house bearing H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab in the joint name of the parties and has let out the ground floor of the aforesaid house at the monthly rent of Rs.15,000/-. The flat bearing C-101, Vasundhara Apartments, Dwarka, New Delhi as well as H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab are stated to be in the possession and control of defendant along with the documents of ownership of these properties. The plaintiff has sought a) mandatory injunction directing the defendant to hand over half of the monthly rent received from H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab to her, b) mandatory injunction directing the defendant to hand over documents of the property at C-101, Vasundhara Apartments, Dwarka, New Delhi and H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab to her, c) permanent injunction restraining the defendant from preventing her from entering the matrimonial house i.e. C-550 Defence Colony New Delhi and having free access to her son Saurabh at the matrimonial home, d) permanent injunction restraining the defendant from preventing her from entering her office at L-4, Connaught Place Lodge near Nirulas Hotel, New delhi, e) permanent injunction restraining the defendant from preventing the plaintiff from entering her properties at C-101, Vasundhara Apartments, Dwarka, New Delhi and H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab, f) mandatory injunction directing the defendant to allow her to reside at E-55, Greater Kailash, Part-I, New Delhi, g) mandatory injunction directing the defendant to render the accounts for the property sold at Mehrauli and h) mandatory injunction directing the defendant to render true accounts and disclose all his assets so as to enable the plaintiff to assert her rights to the same.

(2.) THE defendant filed Written Statement contesting the suit. He admitted his marriage to the plaintiff but denied the allegations made in the plaint against him. Regarding C-101, Vasundhara Apartments, Dwarka, New Delhi, it is alleged that this flat was purchased by the defendant from his own funds and for his own benefit and the plaintiff has nothing to do with the said house. As regards, house at Mohali i.e. H.No.670, Ajit Singh Nagar, Mohali Phase-II, Punjab, it is alleged that it was purchased by the defendant from his own funds in the joint names of the parties. According to the defendant, he is realizing rent of Rs.12,000/- p.m. from Mohali house which is being utilized for upkeep and maintenance of the house. Regarding property at L-4, Connaught Place, New Delhi, it is alleged that the plaintiff has no right in the aforesaid property which belongs to the defendant. THE defendant has denied owning apartment at E-55, Greater Kailash Part I New Delhi and it has been alleged that the said property was sold about 06 years back.

(3.) THE defendant admittedly was residing in Basement Floor of C-550, Defence Colony, New Delhi when the suit was filed. THE defendant, who is present in the Court states that he has absolutely no objection to the plaintiff coming and living in this house at any point of time, she desires. He further states he will not prevent the plaintiff from entering the aforesaid house so long as she is his wife. It is accordingly held that H.No.C-550, Basement Floor, Defence Colony, New Delhi is the matrimonial house of the plaintiff and she is entitled to live in that house so long as she is the wife of the defendant and defendant continues to live in that house. THE issues are decided accordingly. Issue No.5 THE issue is not pressed. THE issue is accordingly deleted. Issue No.6