YOGITA DASGUPTA Vs. KAUSTAV DASGUPTA

JUDGEMENT

(1.) This defendant's appeal is directed against the judgment of the Family Court dated 01.11.2013 passed in CS No.13/2010. The impugned judgment decreed the husband's suit for declaration and permanent injunction in respect of flat Nos.H -2/21 & H -2/21D, First Floor, Mahavir Enclave, New Delhi - 110 045, which is hereby referred to as "suit property".

(2.) The brief facts are that the parties to the suit solemnized their marriage on 12.05.1999. Two children, i.e., a boy and a girl were born out of the wedlock. The suit property was purchased through a sale deed executed on 06.12.2006, which reflected the appellant as owner of the property. The parties started living separately in 2010; eventually heir marriage was dissolved by mutual consent under Section 13B of the Hindu Marriage Act by order dated 05.07.2014. The husband (hereafter referred to as "the plaintiff") filed a suit claiming to be real and true owner of the suit property.

(3.) The suit contended inter alia that since parties were living in a rented accommodation in Dwarka, in 2006, the husband purchased the suit property in the name of the appellant wife "out of love and affection". The suit also leveled certain allegations of matrimonial misbehavior against the wife, i.e., intimacy with one Rajnish Thakur, owner of the chartered bus, which the wife used for travelling to her office. It was alleged that the wife left the matrimonial home of her own accord after quarrelling with the plaintiff and later she attempted to sell the property. The appellant in the written statement objected to the maintainability of the suit and alleged that the husband plaintiff has concealed the facts. She asserted that she paid the consideration for the suit property and she was discharging the liability towards monthly installment payments for clearing the loan liability. She also alleged that the husband forced her out of the matrimonial home. The written statement even attributed acts of forgery to the plaintiff.