:1: IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3001 OF 2008 Mrs. Mariam Shakir Bhagwani ..Petitioner Vs. 1. Mr.Shakir Abdul G. Bhagwani and anr. ..Respondents Mr. K.M.Sangani for petitioner. Ms. Harjeet Kaur for respondents. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. CORAM: B.H. MARLAPALLE, J. Date : April 28, 2008. Date : April 28, 2008. Date : April 28, 2008. P.C.: P.C.: P.C.: 1. Heard Mr. Sangani the learned counsel for the petitioner and Ms. Kaur the learned counsel for the respondents. 2. The petitioner has filed Suit No. B-55 of 2007 for permanent injunction and also for directions against the husband to permit the petitioner to stay in the matrimonial home and not to dispossess her from the same. This suit has been filed on or about 29/5/2007 and Interim Application No. 135 of 2007 was :2: filed for temporary injunction and it has been rejected by the Family Court by its order dated 9/1/2008. Surprisingly, this order has not been challenged in the instant petition. 3. The husband, on the other hand, states that he has given talaq to the petitioner before the suit was filed and the talaqnama has been issued by the Kazi and, therefore, the suit is not maintainable. 4. The factum of talaq as well as its validity and whether the suit is maintainable on account of the alleged talaq are all the issues which the Family Court will have to decide in the pending suit. My attention has been invited to the reply filed by the husband opposing the application for temporary injunction and in the said reply he has furnished an undertaking that he shall not sale Flat No. 1108 located on 11th floor of B-Wing, Malkani Towers, Bandivali Hill Road, Jogeshwari (W), Mumbai 400 102. It is alleged by the learned counsel for the wife that despite such an undertaking the respondent-husband has entered into lease agreement with his father in :3: respect of the said flat, which the petitioner claims to be her matrimonial home. It is also the case of the husband that the petitioner-wife has not been staying in the matrimonial home from 20/10/2006. 5. Hence, it is directed that the Family Court shall decide the pending suit, on its own merits, including the preliminary points of its maintainability etc. as expeditiously as possible and preferably by 31/12/2008. The husband shall not transfer the suit flat to any third party, including his near relations like father/brother/sister and if any one of such relations has already entered the suit flat, the same shall be subject to the final out come in the pending suit. 6. Petition is disposed off in terms of the above order. Writ to go to the Family Court forthwith. (B.H. Marlapalle,J.) (B.H. Marlapalle,J.) (B.H. Marlapalle,J.)