SANCHITA AMITABH DASGUPTA Vs. AMITABH PRASHANT DASGUPTA

JUDGEMENT

(1.) Rule. Made returnable forthwith.

(2.) The Petitioner wife has challenged the order of the learned Family Court No. 1 Pune vacating an injunction granted to her against dispossession in the premises in which she lived as a licensee. The Petitioner and the Respondent No. 1 married on 21st April 2003. The Petitioner wife moved from Lucknow to Pune after her marriage. The husband and the wife resided in a flat owned by and belonging to the mother in law of the wife, the mother of the husband as licensee. A license agreement was executed by them as co licensees under which they were required to pay Rs. 5000/ per month to the licensor. The mother in law issued a notice for termination of license. The wife filed a petition for divorce and obtained an injunction protecting her possession. Thereafter the mother in law got herself on record of the Petition as a necessary party in view of the fact that her premises was taken to be shared residence of the parties in respect of which the wife obtained an order of injunction. Though the order of injunction was granted essentially against the husband, it impliedly included his mother as his relatives, attorneys and friends through him were restrained from dispossessing the wife.

(3.) Upon the application of the mother in law the impugned order came to be passed vacating the order of injunction.