FARIDA MIRZA Vs. SARFARAZ MIRZA

JUDGEMENT

(1.) Heard Mr. Nair for the Applicant in support of this application. The Respondent is represented by Mr. Murthy.

(2.) The Applicant and the Respondent are both Muslims. The Applicant wife flied a proceeding under the Dissolution of Muslim Marriage Act, 1939. It was initially filed in this Court. At that stage, a notice of motion was taken out wherein the issue with respect to the matrimonial house came to be raised. A learned Single Judge of this Court (R. M. Lodha, J.), who heard the motion, by an order dated 18th June, 1999 directed the Respondent husband to pay compensation at the rate of Rs.5,000.00 per month for the use and occupation of the flat, which is admittedly in the name of the Applicant wife. The learned Judge observed in para 3 of his order that there was no dispute that Flat No.702 situated on 7th floor of Andheri Garden Co-operative Society was owned by the Applicant. He also observed that the flat was being enjoyed by the Respondent depriving the enjoyment to the Applicant herein. The order passed by the learned Single Judge and the observations therein were not disturbed when an appeal was filed against that order and the appeal, being Appeal No.962 of 1999, came to be dismissed.

(3.) Subsequently the proceeding was transferred to the Family Court and the Family Court, after hearing both the parties, passed the impugned order granting dissolution of the marriage. The court directed the Respondent to pay the amount of Meher. The court also directed the Respondent husband to hand over vacant and peaceful possession of the flat concerned.