JUDGEMENT :

1. The petition is filed by the petitioner, who is the original respondent in Petition No.A-1109/2018 filed before the Family Court No.5 at Bandra, Mumbai, being aggrieved by an order of the Family Court dated 16th April 2022 passed on an Interim Application No.102 of 2022 in the said petition as by the impugned order, the application filed by the respondent (petitioner wife) under Order 6 Rule 17 of the Code of Civil Procedure, seeking amendment in the petition has been allowed.

2. Heard learned senior counsel Mr.Rafique Dada with Ms. Taubon Irani for the respondent.

Since the parties expressed consensus to hear the Writ Petition finally. Rule. Rule returnable forthwith. By consent, taken up for hearing forthwith.

The bare minimum facts necessary for determination of the sustainability or otherwise of the impugned order can be narrated thus :-

The petitioner and the respondent herein were married on 20/1/2002, as per Muslim Rites and Rituals and on 1/8/2004, a son was born out of the wedlock. On account of the differences, the wife filed Petition No.A-1109/2018 before the Family Court No.5 at Bandra, inter alia, seeking restitution of conjugal rights as well as other reliefs. the petition came to be filed on 14/3/2018. The petition running into 119 pages, refer to the marital discord between the couple and also contain serious allegations about the respondent carrying a love affair with a lady and it is alleged that though she kept quiet, she was tormented by the husband and his violent nature petrified her. The allegations in the petition are to the effect that the errant behaviour on account of his extra marital affair, caused tremendous agony to her and the petitioner also narrate the irresponsible behaviour of her husband towards the children. It is also alleged that he did not give monthly expenses to her and was in a habit of throwing tantrums whenever a demand to that effect was made. It is specifically pleaded that the respondent throughout his ongoing extra-marital relationship, mentally harassed and tortured her and mistreated her by expressing his anger, aggression, cold behaviour and ruthless attitude. It is also pleaded that he insulted and humiliated the petitioner wife with his bitter words, causing mental, emotional and financial torture and abuse. In paragraph no.25 of the petition, the following averment is made :-

“257. The petitioner states that she is left with no option but to file this petition in this Hon’ble Court and address her grievances. The petitioner further state that she has endured grave hardship, heartbreak, humiliation during the course of her matrimonial relationship with the respondent especially since his affair with Neha Kotak and hence has no alternative than to seek redressal from this Hon’ble Court to salvage her marriage.

258. The petitioner says and submits that she is entitled to mandatory Order and injunction from this Hon’ble Court directing the respondent to restrain from disposing his personal assets as enumerated herein above.”

In the said proceedings, a decree for restitution for conjugal rights was sought, apart from the claim of an amount of Rs. Three lakhs by way of monthly maintenance being staked for herself and her minor son. The other reliefs included the responsibility being cast upon the husband, to bear the educational expenses of the child. A direction was also sought against the respondent husband to transfer his 50% share in a flat and restrain him from disposing off alienating, creating any third party rights in respect of his property.

In response to the petition, the husband filed his written statement on 29/11/2018.

3. Another application was filed by the petitioner wife on 11/1/2018, seeking interim maintenance and the husband responded to the same by filing his reply on 14/1/2018. On 25/4/2019, the application seeking interim maintenance was disposed off and against which a Writ Petition is instituted before this Court which is pending for adjudication.