CAV JUDGMENT

1. Rule.

2. This petition, under Article 227 of the Constitution of India, is filed by the petitioner against the order dated 06.07.2021 passed by the learned Principal Judge, Family Court, Ahmedabad below application Exh. 16 in Family Suit No. 1097 of 2020. Application Exh. 16 was filed by the petitioner – original defendant No. 2 in Family Suit No. 1097 of 2020 inter alia praying for to issue order / directions that the plaintiff – respondent No. 1 herein, along with minor Kashvi may remove themselves from House No. 43, Nathalal Colony, Nr. Sardar Patel Colony, Post – Navjivan Station Road, Ahmedabad (suit property) and to restrain the plaintiff by injunction from using or occupying the said property as there residence.

3. Facts in nutshell are that the the petitioner is the father-in- law of the respondent No. 1 and the father of the respondent No. 2 herein. The marriage of the respondent No. 1 and the respondent No. 2 was solemnized as back as on 02.03.2017. It is pertinent to note that it was the second marriage of both the respondents after their divorce from the previous marriage. From their previous marriage, the respondent No. 1 was having a daughter namely Kashvi, whereas, the respondent No. 2 was having a son. That, after the marriage, the respondents started living in the suit property, however, on 12.03.2017 the respondent No. 2 returned to the USA and on the very same day, the respondent No. 1 also left the suit property, so as to reside at her own flat. It submitted that the respondent No. 1 never resided along with the petitioner in the absence of the respondent No. 2 and never cared for them. Even, during the visit of the respondent No. 2 to India, they used to reside at the flat owned by the respondent No. 1 at Vejalpur, Ahmedabad. It is further submitted that it is only in March 2020 when the respondent No. 2 had come to India and due to Covid-19 pandemic since could not return to USA the respondents stayed in the suit property, however, in June 2020, the respondent No. 2 again left for USA in June 2020 and no sooner as he left for USA, the respondent No. 1 also left the suit property and started residing in her own flat. However, in September 2020, due to utter shock and surprise, the respondent No. 1 barged into the house of the petitioner with some people, including the lawyer, and forcefully entered the house and created a lot of ruckus and havoc for which, the petitioner had also given an application being Local Arji No. 239 of 2020 dated 05.09.2020 before the Naranpura Police Station, Ahmedabad. It is on the very same day that the respondent No. 1 also filed the suit in question i.e. Family Suit No. 2020 before the Family Court at Ahmedabad along with interim injunction application Exh. 6. The said application Exh. 6 came to be rejected vide order dated 04.03.2021. The petitioner also filed his written statement-cum-Reply-cum-injunction application Exh. 16, praying as aforesaid, which came to be dismissed by way of the impugned order, being grieved by the same, the petitioner is before this Court by this petition.

4. Heard, learned senior advocate Mr. Y. N. Oza with learned advocate Mr. Shashvata Shukla for the petitioner, learned advocate Mr. Vishal Thakkar for the respondent No. 1 and learned advocate Mr. Jamshed Kavina for the respondent No. 2.

5. The learned senior advocate for the petitioner has heavily contended that in the case on hand, it is the respondent No. 1 – wife who came to the house of the petitioner and thereafter, registered the FIR. Not only that but the respondent No. 1 went to the extent that the petitioner could not live his life peacefully. It is further submitted that the respondent No. 1 has never resided with the petitioner in the absence of the respondent No. 2 and also, never took care of the petitioner and his wife. Further, during the visit of the respondent No. 2 to India, they used to stay in the flat owned by the respondent No. 1 only. It is submitted that du