In a move that might narrow the distances of a Bandra couple, the Bombay high court on Tuesday allowed a man, who was driven out from home by his wife six years ago, to move back to his two-bedroom flat in Bandra.
The division bench comprising Justices F.M. Reis and V.M. Kanade, after hearing the petition, ruled that the man can very well live in one of the two bedrooms, while the wife can take the other bedroom in the 700-square feet area flat.
Directing the wife, who claimed living in the house with her mother, the judges asked to hand over a duplicate key to the man within two weeks and asked both of them not to interfere with each other’s possessions. The court also allowed the husband to use the kitchen and bathroom and ruled that other common facilities shall be utilised by both of them.
According to the man’s petition, he was forced to leave his flat on July 22, 2007, after being harassed by his wife and her relatives.
He had complained that subsequent efforts to go back in the flat proved futile and he was even assaulted by his wife’s brother. The man said that he had no option but live in a hotel room.
Though the wife sought a stay on the order, the court rejected her plea.
The wife, however, denied that her brother was living in the same flat. She alleged that her husband subjected her to physical and mental torture, and allowing him to live with her would only mean more complications.
The court, however, observed that the family court had dismissed the husband’s petition for divorce and the house belonged to him. Therefore, he could not be prevented from living there, it said.
The court said that several attempts to amicably resolve the dispute between the parties and best efforts were made the mediator and this court, but it appeared that settlement was impossible.
It also stayed the April 21 order of the family court that had ordered the man to pay his wife a monthly maintenance of `20,000.