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A.S.OKA, G.S.PATEL
Rachana Oswald Malhotra/D’silva – Appellant
Versus
Oswald Fredrick D’sliva alias Amar – Respondent
G.S. Patel, J.—This appeal is directed against the Order and Judgment dated 28th June 2006 passed by the Family Court, Bandra, Mumbai. As the parties have obtained a divorce by mutual consent under Section 13B of the Hindu Marriage Act, the surviving controversy in this appeal is very narrow. It relates only to the question of maintenance claimed by the appellant and the ownership of residential premises, viz., Flat No.31, Manju Tower, Lokhandwala Complex, Andheri (West), Mumbai 400 053 (‘‘the Lokhandwala Complex flat”).
2. The parties were married in Mumbai on 2nd April 1995 according to Arya Samaj rites. The respondent had converted from Christianity to Hinduism. The appellant was a Hindu. They have no children.
3. On 5th November 2003 the respondent filed M.J. Petition No.A-1783 of 2003 in the Family Court in Mumbai for a decree of restitution of conjugal rights. That Petition also contained a prayer for a declaration that the respondent was the true owner of the Lokhandwala Complex flat. On 20th February 2004, the appellant filed an interim application bearing No.28 of 2004 in the respondent’s petition for restitution of conjugal rights, seeking interim maintenance of Rs.
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