AJAY KUMAR MADANLAL BAJLA Vs. NEHA VISHAL BAJLA

JUDGEMENT

(1.) The Petitioner has challenged the order of the Family Court, Bandra, Mumbai, dated 7th July 2010 granting an injunction against him along with his son from dispossessing Respondent No. 1 herein. The Petitioner is the father-in-law of Respondent No. 1. Respondent Nos. 1and 2 are wife and husband. They have been married and since their marriage, have been residing in the disputed property which is a flat at Mulund, Mumbai (the suit flat). The wife claims that it is her matrimonial home. The wife filed the petition in the Family Court under Section 7(1) Explanation (d) of the Family Courts Act, 1984 (FC Act) for several injunctions in respect of the suit property which icier matrimonial home. She has claimed that she has aright to live there and co-habit with her husband. She has applied for injunction against her husband as well as her father-in-law restraining them from transferring, alienating, etc. the suit flat and from dispossessing her.

(2.) The relief under Section 7(1) Explanation (d) of the FC Act is the jurisdiction of the Court in a Petition for injunction arising out of a marital relationship. The injunctions sought for the matrimonial home are, therefore, claimed to be the injunction for the property which arises out of the marital relationship. The Petition is also filed under Order XXXIX Rule 1 of the Code of Code of Civil Procedure (CPC) for interim injunction as well as under Section 151 of the Code of Code of Civil Procedure for exercise of inherent powers of the Court. It may at once be mentioned that the petition is not titled to be filed under any provisions of the Protection of Women from Domestic Violence Act, 2005 (DV Act), though the suit property is claimed to be the matrimonial home of the wife.

(3.) Paragraph 5 of the Petition shows that the husband and the father-in-law of the wife purchased the suit flat. The sale agreement stands in the name of the father-in-law for the sake of convenience and respect, but both the husband as well as the father-in-law is joint owners.