BANOO JAL DARUWALLA Vs. JAL C DARUWALLA

JUDGEMENT

(1.) IN this application for permanent alimony, by the first (our prayers, the 'plaintiff who is the wife or the Defendant has claimed sole and exclusive right to me use of the marital flat together with furniture, goods, chattels and other articles. By prayer (d), the plaintiff has claimed that the Defendant may be ordered to secure to the Plain tiff during her life such gross sum or monthly payments for her maintenance as the court determines. By prayer (e) the plaintiff has claimed division of the marital flat between the plaintiff and the defendant. Prayers (f) to (j) relate to ornaments, clothes certain amount lying deposited in the Lloyd's Bank in the joint names of the Plaintiff and the Defendant, certain jewelleries and certain other items of money. The relevant facts leading to this application are as follows:

(2.) ON June 25, 1947, the plaintiff and the defendant came to be married. Prior to that date the defendant resided in a third floor flat at "alana" House situate at Bomanji Petit Lane. The rent of the flat was Rs. 155/-per month. The flat consists of 3 bed-rooms, a living room, pantry kitchen and other accommodation. The Plaintiff and the Defendant commenced to reside in that flat. On March 13, 1961, the plaintiff filed a suit praying for a decree for judicial separation and also claiming relifes in connection with the properties mentioned in prayers (f) to (j) of this Petition, On August, 21, 1961, the Plaintiff took out a Notice of Motion for alimony pendent me. By consent of parties, on August 21, 1961, the Defendant was ordered to pay to the plaintiff a sum of Rs. 130/-per month as alimony pendent We and the Motion was adjourned in connection with certain other matters. By an order made on September 7, 1961, on that very notice or Motion by consent of parties, the Defendant was ordered to pay Rs. 130/- per month as alimony pendent lite to the Plaintiff, but it was declared that the arrangement recorded between the parties in that order was only temporary pending the hearing of the suit and was entirely without prejudice to the rights and contentions of the parties, if any, with regard to the tenancy of the flat and to the right or residence therein of the Plaintiff and the Defendant and to all claims and contentions of the parties against each other with regard to the ownership of furniture goods, chattels and all other articles. The Defendant had filed a written statement and counterclaim and till a few days before the hearing took place the suit and counterclaim were being fougut out between the parties acrimoniously us before a few days from the date of the hearing the Defendant informed the Plaintiff that he was not going to contest her claim for decree for judicial separation on October 16, 1981, an ex parte decree without any contest was passed in favour of the Plaintiff granting her judicial separation. In that decree the reliefs claimed in the remaining prayers of the plaint were stood over for disposal at a later date including the question of costs or the suit.

(3.) THESE are the facts leading to this application wherein the reliefs as I have mentioned above have Seen claimed on behalf of the Plaintiff.