Bombay HC confirms divorce, but allows husband to live in wife's flat

In an interesting case, the Bombay high court confirmed the dissolution of a marriage, but allowed the husband to continue to live in the flat which is in wife's name.

Both Sharad and Meena (names changed) are in their sixties. They got married in April 1969, and have two grownup sons. However, differences arose in the later years, and Meena left her husband and shifted to Delhi in 1980.

The flat in which they lived in suburban Juhu had been purchased in Meena's name. In 1981, Sharad filed suit in civil court, claiming ownership of the flat.

He claimed that flat had been bought entirely with his money. However, later he reached a settlement with wife, and accepted that she was the legal owner. This was noted in civil court's final ruling.

In turn, the wife agreed to share the flat with him, the flat was partitioned between two units. 

However, in 1997, Meena filed for divorce on the ground of cruelty. Her contention was that husband accused her of having an extramarital affair which amounted to mental cruelty.

Family court granted her divorce. At the same time it did not grant Sharad's plea that Meena be restrained from throwing him out of the house. 

Sharad filed appeal in the high court.

In the judgement last month, division bench of justice A P Deshpande and R P Sondurbaldota held that grant of divorce was justified, as marriage had broken down completely.

But at the same time, high court took into account the earlier ruling of the civil court, whereby husband and wife had agreed to share the flat.

Therefore, confirming the dissolution of marriage, high court said that wife shall not throw the husband out of their matrimonial home.