LAWS(BOM)-2009-3-29

BINDIYA A CHAWLA Vs. AJAY LAJPATRAI CHAWLA

Decided On March 31, 2009
BINDIYA A CHAWLA Appellant
V/S
AJAY LAJPATRAI CHAWLA Respondents

JUDGEMENT

(1.) Plaintiff No. 1 is the mother of plaintiffs No. 2 and 3 who are her minor children. The suit is filed by plaintiff No. 1 for herself as well as on behalf of plaintiffs No. 2 and 3. Defendant No. 1 is the husband of plaintiff No. 1 and father of plaintiffs No. 2 and 3. Defendant No. 2 is the father-in-law of plaintiff No. 1 and the grand father of plaintiffs No. 2 and 3. Defendant No. 3 is the brother-in-law of plaintiff No. 1 and the Uncle of plaintiffs No. 2 and

(2.) Defendant No. 4 is the mother-in- law of plaintiff No. 1 and Grandmother of plaintiffs No. 2 and 3. 2. Plaintiff No. 1 and defendant No. 1 got married in November, 1991 in Mumbai. They lived in the USA from 1991 onwards. The suit flat stood in their names. Plaintiff No. 1 also claims to have a key to the suit flat as shall be seen presently.

(3.) Since October, 2006 there have been proceedings for divorce between the parties. Under certain restraint orders passed by the Superior Court of California in the USA. Plaintiff No. 1 has been granted the right of residence in what is stated to be their "family home" in the USA. In those proceedings defendant No. 1 has shown a list of properties stated to be belonging to him. The plaintiff No. 1 has claimed a V share in the said properties. That, of course, is not a part of this suit.