1. Rule, returnable forthwith. Heard finally by consent of parties. Perused the petition.

2. This petition, filed by petitioner-husband under Article 227 of the Constitution of India, is directed against the order dated 29.7.2008 passed below Exh. 10 in Petition No. A-113 of 2007 by the Principal Judge of the Family Court, Bandra, Mumbai whereby the petitioner, his mother, sister, other relatives, servants and agents are restrained from obstructing the respondent-wife to reside in a shared household.

FACTUAL MATRIX:

3. The petitioner and respondent got married on 18.5.2001. The Petitioner is working as marketing executive. Sometime in the month of February, 2004, the respondent-wife joined the Petitioner and started residing with him in the shared household. The continuous acrimony between them resulted in matrimonial discord, leading to divorce petition by the husband on the ground of mental cruelty being Petition No.A-113/2007 and criminal complaint under Sections 498-A, 306 read with Section 34 of the Indian Penal Code by the respondent-wife against the petitioner-husband.

4. The respondent-wife moved an application before the Family Court, Bandra under Section 26 of the Protection of Women from Domestic Violence Act, 2005 ("the Domestic Violence Act" for short) to seek declaration that she has a right to reside in the shared house i.e. residential flat No.A- 102, "Om Adarsh Co-op. Housing Society Ltd. Deonar," Gowandi (hereinafter called the "subject-flat") and decree of permanent injunction restraining respondent-husband, his mother and relatives from evicting, dispossessing and/or excluding the respondent-wife from the subject flat is said to be a shared household.

5. The aforesaid application was opposed by the petitioner-husband, on the various grounds, contending that the subject flat is in the name of his mother. The another flat situate at "Parnakuti, Chunna Bhatti" is in the name of his grandfather, occupied by his aunt and other relatives. In short, he denied his interest in the subject-flat. He has also challenged the maintainability of the subject application and prayed for rejection thereof. 6. The Family Court, after hearing both parties, was pleased to partly allowed the application with the result the petitioner-husband and all relatives were permanently restrained from committing any act of domestic violence and in turn rejected prayer of respondent-wife to prevent the petitioner’s mother and sister from entering in the shared household. 7. Being aggrieved by the aforesaid order,to the extent it is adverse to the petitioner, he has invoked writ jurisdiction of this Court under Article 227 of the Constitution of India as stated hereinabove.

RIVAL CONTENTIONS:-

8. The learned counsel appearing for the Petitioner urged that the application under Section 26 of the Domestic Violence Act was not maintainable and that the subject-flat cannot be termed as the shared household. He submits that the petitioner’s father was an employee of the Bombay Municipal Corporation as a primary teacher. He formed one Co-operative Housing Society under the provisions of the Maharashtra Co-operative Societies Act, 1960 ("the M.C.S.Act" for short). The Bombay Municipal Corporation was pleased to allot one plot of land to the said Society. The members of the said Society constructed tenements on the said plot of land. The petitioner’s father was one of the members allotted with one such tenement referred herein as subject flat. He expired on 27.5.2001. After his demise, the subject flat was transferred in the name of his widow i.e. the petitioner’s mother being a nominee. He further submits that the subject-flat stands in the name of the petitioner’s mother as such subject flat cannot be said to be the shared household. He further submits that his mother is not a party to the proceeding in the Family Court. As such, the impugned order could not have been passed affecting her interest, that too, behind her back. He further su