1 WP.6200.2011.sxw mnm IN THE HIGH COURT OF JUDICATURE AT BOMBAY APPELLATE CIVIL JURISDICTION WRIT PETITION NO. 6200 OF 2011 Dr. Aditi Jaiswal ...Petitioner Vs. Dr. Kailash Satyadev Jaiswal ...Respondent Mr. Amit B. Borkar, Advocate for the Petitioner Mr. Bharat H. Mehta, Advocate for the Respondent CORAM : SMT. ROSHAN DALVI, J. DATED : 16TH AUGUST, 2011 P.C. : 1. The Petitioner and the Respondent are both doctors. They are wife and husband. They admittedly lived in one Bhaskar House since their marriage. That is their matrimonial home. They continued to live in that matrimonial home. There were disputes between the parties. For a length of time the Petitioner wife lived in a hostel of Bombay Hospital as she was doing her post graduation course there. She does not desire to live in her matrimonial home on the ground that some tobacco is manufactured there. 2. The husband’s mother owns another house in a building called Sonarika which is close to the matrimonial home. When the Petitioner required to come back from her hostel some articles of the Petitioner were put in that house. It is not disputed that the flat in Sonarika building does not belong to the husband, but belongs to his mother. It is, therefore, not the shared residence of the parties. 2 WP.6200.2011.sxw 3. The Petitioner wife relies on the fact that in the divorce petition her address is shown at Sonarika building and she was served there. That was because after her hostel stay she was temporarily residing there. Such temporary residence in a home belonging to a mother cannot be termed a shared residence as per the case of S.R. Batra Vs. Taruna Batra AIR 2007 SC 1118 followed in the case of Smt. Hemaxi Atul Joshi Vs. Smt. Muktaben Karsandas Joshi by this Court under an order dated 5th December 2007 passed in A.O. No. 866 of 2007. Hence the impugned order cannot be interfered with. 4. Of course the parties would do well to work out their differences in the divorce petition so as to amicably resolve their matrimonial dispute of divorce as well as alimony. 5. The Writ Petition is dismissed. (SMT. ROSHAN DALVI, J.)