partition flat or pay ex, sc orders city businessman | mumbai news - times of india - temporary partition

by:EBUNGE     2019-08-30
partition flat or pay ex, sc orders city businessman | mumbai news - times of india  -  temporary partition
Mumbai: Mumbai high court made a tough choice for a city a few months ago --
Based on the merchant-
Temporarily split the luxury Lokhandwala apartment he co-owns with the separated wife, or pay her Rs 75,000 as compensation for the monthly use of the apartment.
The apartment the couple bought at a happier time became the focus of the debate, when the relationship deteriorated and the woman left the marriage home with her children.
Last week, in a major ruling, the Supreme Court also upheld the High Court's order to reject the challenge raised by businessman Dillip Shah.
"The HC order is now supported by SC and it will help women who do not have to wait together for a few years and the court finally decides who will get the property, lawyer R. t. lalwani said he was with lawyer Sadhana Jaykar
Lalwani represents hilpa.
"Couples are increasingly buying properties together, and this will become a problem if marriage gets worse.
If a woman can ostensibly prove that she bought the apartment with her own money, she will have the right to recover compensation from her husband for the use of the common property, pending a final decision on the case.
Justice Luo Shan Darvey of HC ruled that the wife "has the right to temporarily partition in the apartment and enjoy the benefits of her ownership ".
"This will include the best use of the apartment to earn income from it.
"The court cannot prevent the wife from making full use of his property," he said . ".
Dilipu and HIPA got married in March 2000 and gave birth to a son in 2005.
On 2009, the couple separated, although no divorce application was filed by either side.
She lives in Dubai with her son.
The dispute between them was the two apartments they purchased in 2003 at the lohanwala apartments in Valencia and Herry, which were merged into one apartment.
Last year, Shilpa moved the family court to one of the apartments that required her to be the main owner under the special Relief Act and the Domestic Violence Act, with Dilip as co-ownerowner .
Shilpa said she bought the apartment for her own money and looked for a zoning so she could rent it out to earn maintenance income.
Dipp objected to the request, saying that HIPA could come to the apartment for accommodation.
In an interim order, the family court directed Dilipp to build a temporary wooden partition.
Dillep moved HC, which rejected his request on August 2011.
In proposing to his wife to live with him, the court said: "Due to the tension between the parties, this proposal cannot deprive his wife of the right to receive relief.
His wife has been living in Dubai.
It is an empty form of stating that a wife can come to the House of marriage for accommodation. She cannot.
"HC requires Dilip to either split the apartment temporarily or pay Rs 75,000 for occupying the apartment --
SC allows Dilip to deposit in the family court instead of paying it directly to his wife.
Dilip is required to deposit the money before the 15 th of each month.
Shilpa can withdraw an amount of 50% without providing any guarantee, but if she wants to withdraw the remaining amount, she must submit the guarantee.
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