SHIVANAND DAMODAR SHANBHAG Vs. SUJATA SHIVANAND SHANBHAG

JUDGEMENT

(1.) Both the appeals are preferred by the appellanthusband challenging the judgment and order passed on 30.12.2004 by the learned Judge of Family Court No.4, Mumbai at Bandra. The said impugned judgment and order was passed as a common judgment disposing off two petitions filed by the present respondentwife.

(2.) Respondentwife had preferred Petition No.B63/ 2001 asking for declaration that she is entitled to possessory right over her matrimonial home situated at Flat No.15, 5th floor, Sawant Bhavan, 18/A, 76, Gokuldas Pasta Road, Dadar (E), Mumbai - 400 014. She also prayed for permanent injunction restraining appellant husband from obstructing and/or preventing her entry in the said matrimonial home / flat and also prayed for permanent injunction restraining her forcible dispossession from the said flat. Respondentwife also filed another Petition No.C224/ 2002 asking for maintenance to herself under Section 18 of the Hindu Adoption and Maintenance Act. 1956. Both the said Petitions were respectively filed on 22.10.2001 and 17.9.2002 and were taken before the same Family Court and were disposed of by a common judgment and order, which is impugned in present appeals. This being the factual position and as the evidence of both the parties was recorded in common in both the petitions, both the present appeals are being disposed of by this common judgment and order.

(3.) Heard rival submissions at length on earlier dates. Perused the record and proceedings and also the substantive evidence of witnesses examined by rival parties. Also perused various documents including photographs produced on record before the trial Court.