1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE SIDE Civil Application No.31 of 2009 In Family Court Appeal No.189 of 2008 Smt. Pratima Lakhotia Applicant Vs. Sunil Lakhotia Respondent Applicant in person. Mr.Prathmesh Bhargude i/b. Mr.Sugandh Deshmukh for respondent. CORAM: B.H.MARLAPALLE & & SMT. R.P. SONDURBALDOTA,JJ. March 31, 2009. P.C. 1. Heard the applicant - party in person. This application prays for the following substantial relief: "This Hon’ble Court may be pleased to fix the stipulated time frame in order to grant me a permanent residence of my choice and convenience, at Malad (West) in decent and posh colony considering the sensitivity of the case." 2. In the course of her arguments the applicant 2 also invited our attention to the averments in paras 9 and 11 of this application and stated that the residential accommodation to be provided must be three bedrooms, hall, kitchen flat. Thus this civil application prays for residential accommodation of three bedrooms, hall, kitchen and on permanent basis i.e. on ownership basis and not on rental basis. In addition it prays for accommodation to be provided within a stipulated time. 3. The respondent has filed affidavit-in-reply and opposed the application. He has claimed that he does not have any source of income and it is beyond his capacity to provide residence within a stipulated time. He further states that he is entirely dependent on his friends and relations and does not have any source of income as of now on account of his serious health problems. The applicant has filed rejoinder and has pointed out that the respondent has various sources of income and immovable as well as movable assets. She has described the movable assets as chauffeur driven luxurious cars, substantial shareholding in his father’s property and assets, industrial units. So far as immovable assets are concerned, she has listed the same as under: 3 (a) Terrace Flat at 102, Saraf Apartment, Malad (East), Mumbai. (b) Commercial premises at 102, 103, Gambhir Industrial Estate, Goregaon (East), Mumbai. (c) 5 acres of plot at Khopoli. 4. The Family Court at Mumbai vide its order dated 7th August 2008 for providing the residential accommodation directed as under: "The respondent is directed to provide a well furnished three bed room residential apartment to the petitioner somewhere between Andheri and Malad and till such apartment is made available respondent is directed to pay Rs.10,000/- per month to the petitioner towards the rent." 5. This order dated 7/8/2008 passed in Petition No.A-179 of 2002 was challenged in Family Court Appeal No.189 of 2008 which has been decided by the judgment dated 22nd & 23rd October 2008. On the directions given by the Family Court for providing residential 4 accommodation this Court in para 23 stated as under, "So far as the direction of the trial Court regarding providing apartment to the respondent between Andheri and Malad is concerned, in our view, the trial Court was not justified in directing the appellant to provide the same only in a particular area. However, it is required to be noted that the respondent is also required to be provided accommodation in an area, keeping in mind the fact that her children are also studying in the school and if alternative accommodation is given at a great distance, it may cause great inconvenience to her. Considering the totality of the facts and circumstances of the case, we modify the said direction regarding providing residential accommodation between Andheri and Malad and direct that the appellant shall provide a well furnished decent accommodation to the respondent in a good locality within the area between Andheri and Borivli. The rest of the order of the trial Court regarding payment of Rs.10,000/- per month till residential accommodation is made available to the 5 respondent is confirmed. The appellant may try to provide such accommodation expeditiously and without any reasonable delay so that the respondent may not have to wait indefinitely for getting such accommodation." 6. We clarify that the order dated 22nd / 23rd October 2008 passed by us shall be read as the order to provide for three bedroom well furnished decent accommodation in a good locality within the area between Andheri and Borivli. So far as the time frame is concerned, on the peculiar facts of this case, it may not be feasible to fix a time frame and we direct that the original appellant shall provide a three bedroom well furnished flat to the applicant as expeditiously as possible and preferably before 31st October 2009. Undoubtedly, till such accommodation is provided, the original appellant shall pay an amount of Rs.10,000/- per month towards the rental charges as has been directed by the Family Court. . So far as providing the residential accommodation on permanent basis is concerned, the applicant may challenge the order passed by the Family Court by filing an appeal and such a prayer will be 6 beyond the scope of this civil application. If such an appal is filed, undoubtedly it will have to be decided on its own merits and without being influenced by any order passed in Family Court Appeal No.189 of 2008. 7. Civil application is partly allowed in terms of the above directions. (SMT.R.P.SONDURBALDOTA,J) (B.H.MARLAPALLE,J.)