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2011 Supreme(Bom) 189

ROSHAN DALVI
Ajay Kumar Madanlal Bajla – Appellant
Versus
Neha Vishal Bajla – Respondent


Advocates appeared:
For the Petitioner:Vivek Kantawala with Ms. Sneha Nanandkar, Advocate.
For the Respondents:R1, A.M. Saraogi, Advocate.

JUDGMENT :

1. The Petitioner has challenged the order of the Family Court, Bandra, Mumbai, dated 7th July 2010 granting an injunction against him along with his son from dispossessing Respondent No.1 herein. The Petitioner is the father-in-law of Respondent No.1. Respondent Nos.1 and 2 are wife and husband. They have been married and since their marriage, have been residing in the disputed property which is a flat at Mulund, Mumbai (the suit flat). The wife claims that it is her matrimonial home. The wife filed the petition in the Family Court under Section 7(1) Explanation (d) of the Family Courts Act, 1984 (FC Act) for several injunctions in respect of the suit property which is her matrimonial home. She has claimed that she has a right to live there and co-habit with her husband. She has applied for injunction against her husband as well as her father-in-law restraining them from transferring, alienating, etc. the suit flat and from dispossessing her.

2. The relief under Section 7(1) Explanation (d) of the FC Act is the jurisdiction of the Court in a Petition for injunction arising out of a marital relationship. The injunctions sought for the matrimonial home are, therefore, cla






























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