Case Note & Summary
The dispute arose from a marital discord between Sumit Vijay Kumar (husband) and Shraddha Gupta (wife), both working professionals married in 2011. They jointly acquired two flats at Cosmic Heights, Bhakti Park, Wadala, Mumbai—Flat No. 1901 registered in the husband’s name and Flat No. 1902 in the wife’s name, each availing separate housing loans. A child was born in 2014. The marriage faced cracks with allegations of cruelty and dowry demands. An uncle of the wife lodged a complaint under Section 498A IPC in April 2016 at Haryana, leading to an FIR in October 2016. The husband’s anticipatory bail was first rejected by the Sessions Court, Jind, but later granted by the Punjab and Haryana High Court in December 2016. The wife also filed a complaint at Wadala Police Station in May 2016 regarding a remote control dispute, resulting in an NC. On 4 June 2016, the husband filed for divorce under Section 13 of the Hindu Marriage Act, 1955, alleging cruelty. Upon receiving the divorce summons on 5 August 2016, the wife allegedly filed a false complaint of assault at Wadala Police Station. The husband, fearing further false cases and worsening relations, left the matrimonial home and later claimed he was locked out by the wife in August 2016. In this backdrop, both parties moved the Family Court for interim measures. On 16 August 2016, the husband sought appointment of a Commissioner to partition the two flats and install CCTV. On 29 September 2016, the wife applied for an injunction restraining the husband and his family from creating nuisance or entering the matrimonial house. The Family Court, by order dated 6 April 2017, rejected the husband’s application for a Commissioner and partly allowed the wife’s application, restraining the creation of third-party rights over the flats but refusing to restrain the husband’s entry. Aggrieved, the husband filed Writ Petition No.7175 of 2017 against the rejection, and the wife filed Writ Petition No.6268 of 2017 along with connected petitions challenging the partial denial of her injunction. The High Court heard all four petitions together, noting they revolved around the same marital discord and property issues. The court observed the unique situation where two flats were purchased jointly but separately financed, and the matrimonial home had become a subject of conflict. The arguments highlighted the husband’s claim of being forced out of his own property and paying EMIs, against the wife’s claim for protection from nuisance. The judgment remains incomplete in the provided text, and the final decision of the High Court is not recorded.
Issue of Consideration
Whether the Family Court erred in refusing to appoint a Commissioner for partition of the jointly owned flats; Whether the Family Court erred in declining to restrain the husband from entering the matrimonial home pending disposal of divorce proceedings
Case Details
2018 LawText (BOM) (04) 44
Writ Petition No.7175 of 2017, Writ Petition No.1215 of 2018, Writ Petition No.1229 of 2018, Writ Petition No.6268 of 2017
Smt. Bharati H. Dangre, J.
Ms. Manjula Rao, Sushmitha Sherigar, Rupali Naik, Mrs. Taubon F. Irani
Sumit Vijay Kumar (WP No.7175/2017) & Shraddha Gupta (WP Nos.1215, 1229, 6268 of 2018)
Shraddha Gupta Jain (WP No.7175/2017) & Sumit Vijay Kumar Jain (WP Nos.1215, 1229, 6268 of 2018)
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Nature of Litigation
Matrimonial dispute involving cross-petitions for partition of jointly owned flats and injunctive relief pending divorce proceedings
Remedy Sought
Husband sought setting aside of Family Court’s rejection of Commissioner for partition and installation of CCTV; wife sought reversal of Family Court’s refusal to restrain husband from entering the matrimonial home
Filing Reason
Alleged mental harassment, false cases, and lockout of husband from matrimonial home; wife’s fear of nuisance and violence from husband’s entry
Previous Decisions
Family Court on 6 April 2017 rejected husband’s application for appointment of Commissioner; partly allowed wife’s application restraining creation of third-party rights over the flats but refused to restrain husband or his family from entering the matrimonial house
Issues
Whether the Family Court erred in rejecting the husband’s application for appointment of a Commissioner to partition the jointly owned flats
Whether the Family Court erred in not granting a complete injunction restraining the husband and his family from creating nuisance and entering the matrimonial home
Submissions/Arguments
Husband contended he was unlawfully locked out of his own house for which he pays EMI, the flats were separate and capable of partition, and the Family Court ignored the harassment and false cases against him.
Wife contended that she faced nuisance and apprehension of entry, and the Family Court should have fully restrained the husband and his family from entering the matrimonial house to avoid further conflict.
Judgment Excerpts
The marriage between the parties was an arranged marriage and was solemnized on 8th March 2011 at Gaziabad.
The parties jointly purchased two flats at Cosmic Heights, Bhakti Park, Wadala (East), Mumbai.
It is not in dispute that Flat nos.1901 and 1902 is purchased by the husband and wife from one Mr.Bhushan Sethi and Mrs.Rohini Sethi
On 4th June 2016, the husband instituted proceedings for divorce under Section 13 of the Hindu Marriage Act on the grounds of cruelty
Procedural History
Marriage solemnized on 8 March 2011. Child born in 2014. Uncle of wife lodged complaint under Section 498A IPC on 28 April 2016 at Narvana, Haryana. FIR registered in October 2016. Husband’s anticipatory bail rejected by Sessions Court, Jind on 30 November 2016, but granted by Punjab and Haryana High Court on 15 December 2016. Wife filed NC complaint at Wadala Police Station on 15 May 2016. Husband filed divorce petition under Section 13 HMA on 4 June 2016. Summons served on wife on 5 August 2016; wife filed assault complaint thereafter. Husband filed application for Commissioner on 16 August 2016. Husband locked out of matrimonial home on 18 August 2016. Wife filed injunction application on 29 September 2016. Family Court passed impugned order on 6 April 2017. Husband filed WP 7175/2017; wife filed WP 6268/2017 and connected WPs.
Acts & Sections
- Indian Penal Code, 1860: 498A
- Hindu Marriage Act, 1955: 13
