SABAH SAMI KHAN Vs. ADNAN SAMI KHAN

JUDGEMENT

(1.) Rule, made returnable forthwith.

(2.) The parties admittedly have a large matrimonial home as also other residential flats and an earlier matrimonial home. The matrimonial home of the parties consists of 5 flats on the 13th and 14th floors of the building Oberoi Sky Garden, Lokhandawala Complex, Andheri, Mumbai in which both wife as well as husband have been allowed to reside under the import of the order of the Family Court. The parties have two flats on the 12th floor of the same building also. The parties have had another matrimonial home at 203, Ankita Apartments, Versova, Mumbai.

(3.) The parties have been unable to live together. The husband has remarried. His second wife lives with him in the matrimonial home. The husband was an alcoholic. He has denied that he continues to be so. The wife alleges that the husband continues to be an alcoholic. He has entered into a unique agreement with his wife, assuring and promising his rehabilitation as an alcoholic. The wife claims that despite the assurances, he failed to do so and a month after entering into the agreement, she was constrained to leave the matrimonial home. This was prior to his second marriage.