Rule, made returnable forthwith.

1. The Petitioner-wife has challenged a part of the order of the learned Judge, 2nd Family Court, Mumbai, dated 15th June 2010, in not restraining the Respondent-husband from entering upon the matrimonial home and in allowing him to reside therein wherein she has been allowed to reside. Consequently, both the Petitioner-wife and the Respondent-husband have been allowed to reside in the matrimonial home.

2. The parties admittedly have a large matrimonial home as also other residential flats and an earlier matrimonial home. The matrimonial home of the parties consists of 5 flats on the 13th and 14th floors of the building Oberoi Sky Garden, Lokhandawala Complex, Andheri, Mumbai in which both wife as well as husband have been allowed to reside under the import of the order of the Family Court. The parties have two flats on the 12th floor of the same building also. The parties have had another matrimonial home at 203, Ankita Apartments, Versova, Mumbai.

3. The parties have been unable to live together. The husband has remarried. His second wife lives with him in the matrimonial home. The husband was an alcoholic. He has denied that he continue