SUCHETA DILIP GHATE Vs. DILIP GHATE

JUDGEMENT

(1.) This appeal under Section 19 of the Family Courts Act, 1984 is directed against the judgment and decree dated 05.04.2004 passed by Family Court, Ahmedabad in Family Suit No.406 of 2002, whereby the Family Court while dismissing the suit, held that as and when the respondent-original opponent disposes of the flat, he would intimate the same to the appellant-original plaintiff and pay to the appellant proportionately to her share, from the sale proceeds of the flat.

(2.) The facts arising out of this appeal are that the appellant-original plaintiff married the respondent-original defendant under the provisions of the Special Marriage Act, 1954 on 27.12.1991. It reveals from the record that the appellant as well as the respondent were divorcees and the appellant had a girl child of her previous marriage. The appellant, after her marriage with the respondent, stayed with the respondent at Ahmedabad till 12.04.1998.

(3.) It also reveals from the record that after marriage, the appellant as well as the respondent stayed together in a flat owned by the respondent named Pujan Apartment, Nr. Dr. Jivraj Mehta Hospital at Ahmedabad. It further transpires that thereafter the respondent sold the said flat for sale consideration of Rs.3,00,000/- and purchased a new flat admeasuring 140 sq. mtrs. approx. on the ground floor of a building known as Indraneel , situated at Vastrapura, Ahmedabad in the joint names of the appellant as well as the respondent. It further reveals that the Chairman of the association, who constructed the said apartments, namely Akash Deep Association issued a transfer letter dated 10.01.1996 and transferred the said flat being Flat No.2, on Ground Floor of Indraneel Apartment, in the joint names of the appellant and the respondent. The appellant, after desertion from the respondent filed a civil suit in the Court of Civil Judge, (S.D.), Mirzapur, Ahmedabad (Rural), which came to be registered at Special Civil Suit No.17 of 1999 and claimed partition of the said flat jointly owned by the appellant and the respondent, by disposing of the same and for further direction to divide the sale proceeds into two equal proportions between them. The appellant also filed an application for interim relief, pending hearing and disposal of the suit, for directions, directing the respondent herein to pay Rs.2,400/- p.m. towards the cost of the rent of the said flat. The said application being Exh.5 in the aforesaid suit was rejected by the trial Court vide order dated 16.01.2001.