SUNIL BALKRISHNA LAKHOTIA Vs. PRATIMA S LAKHOTIA

JUDGEMENT

(1.) Heard the learned counsel for the appellants and respondent no.1 in person.

(2.) Family Court Appeal No.26 of 2006 is filed by Mr.Sunil Lakhotia (husband) aggrieved by the judgment and order dated 6th July 2005 passed by the Judge of the Family Court No.3, Bandra, Mumbai in Petition No.A-179 of 2002 filed by the respondent wife wherein the court granted decree of divorce in favour of the wife under section 13(1)(ia) and 13(1)(v) of the Hindu Marriage Act, 1955 and also granted permanent alimony in the sum of Rs.15,000/- per month towards maintenance of the respondent wife and a sum of Rs.10,000/- per month towards maintenance of the two minor children from the date of the order dated 6th July, 2005. It also granted permanent custody of the two minor children Dhruv and Devang in favour of the petitioner i.e. the respondent wife. In addition to the aforesaid relief, the order of permanent injunction came to be passed against the appellant husband from disposing, selling or creating any third party interest in the properties i.e. 1/A Terrace flat at Saraf Apartments, Rani Sati Marg, Malad (East), Mumbai and commercial premises at Gambhir Industrial Estate, Gala Nos. 101, 102 and 103; 5 acres land at Khopoli and cars viz. Fiat Uno- Maroon colour, Opel Astra-Green colour bearing No.6237, Esteem- Grey colour bearing No.9814 and Accent-Black colour. The appellant husband was further directed to hand over stridhan to the respondent wife and her personal belongings along with that of the children as per the list annexed to the petition and awarded cost of Rs.50,000/-.

(3.) In view of the fact that the appellant husband avoided execution of decree, the respondent wife initiated execution proceedings against the properties purported to be owned by her husband and standing in the name of her father in law, Balkrishna Ramdhar Lakhotia in various proceedings of execution registered as R.D No.40 and 41 of 2005 and R.D.No.181 and 184 of 2006. The said Balkrishna Ramdhar Lakhotia objected to the execution proceedings by filing an application before the Family Court which came to be partly allowed by the learned Judge of the Family Court wherein the attachment in respect of Flat No.501, Saraf Apartment, 54, Rani Sati Marg, Malad (East), Mumbai 400 051 was vacated and his claim in respect of other properties was rejected which has led to the filing of Family Court Appeal No.67 of 2007 by the father in law of the petitioner, Balkrishna Ramdhar Lakhotia against Smt.Pratima S. Lakhotia, decree holder. Considering that the proceedings for execution arises out of Judgment and Decree passed against the appellant husband wherein his father filed an objection, both these appeals have been clubbed and taken up for hearing together and are being disposed of by this common judgment and order.