NIRMALJIT KAUR Vs. JAGJIT SINGH CHAHAL

JUDGEMENT

(1.) The petitioner who is in Government service,has been allotted House No. F-127, Rajpura Colony, Patiala, by the Government and is living in this house since May, 1981. The respondent who is her husband, lived with her in this very house till 25-3-1990. Thereafter, both of them separated and petitioner filed a divorce petition on the ground of cruelty, besides other grounds. The said divorce petition was filed on 4-4-1990. The petitioner has two grown-up daughters and a grown-up son. The petitioner apprehending harassment on the part of her husband (respondent), filed a suit for permanent injunction restraining her husband, his servants, agents etc., from forcibly entering into House No.F-127, Rajpura Colony, Patiala. Along with the suit, an application under Order 39, Rules 1 and 2, Code of Civil Procedure, for ad-interim injunction was also filed.

(2.) The trial Court granted ad-interim injunction on 19.4.1990 which was made absolute 26.3.1991. The respondent being aggrieved of the order dated 26.3.1991, filed a first Appeal before the first Appellate Court. The first Appellate Court vide order dated 4.9.1991 allowed the said appeal, and dismissed the application for ad-interim injunction as it was of the view that the articles lying in the house are jointly owned by the parties to the marriage and respondent is entitled to enjoy and stay in the matrimonial home. The petitioner has impugned the order dated 4.9.1991 of the first Appellate Court, by way of this Revision petition.

(3.) After hearing learned Counsel for the parties, I am of the view that this Revision petition deserves to succeed.