1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.2197/2009 Manish Misra Petitioner Vs. Medha Manish Misra Respondent Mr.Raju Desai i/b Mr.C.R.Sonawane for petitioner Ms.Gauri Godse,for respondent CORAM: MRS.MRIDULA BHATKAR,J. DATE : 10th February, 2010 . This Writ Petition is filed against the order dated 14/10/2008 passed by Family Court, Bandra on interim application no.139/2008 and it is prayed that the said order be quashed and set aside. The respondent wife has filed an application for injunction in Divorce Petition that the petitioner husband be restrained from entering the flat. 2] Learned counsel while challenging this order in this petition has submitted that false charge of cruelty is made against the petitioner by the wife.Said flat is purchased by the petitioner and the respondent out of their income, jointly. Learned counsel has submitted that the order passed by the Family Court is not correct as the husband has equal right in the said flat. 3] It appears that the property is a main issue of the dispute between the couple . Learned Judge has 2 considered that the couple also owns one more flat and it is admitted by the counsel that it is vacant , though there is heavy loan and at present it is mortgaged with the bank. The petitioner and respondent have twins , a boy and a girl. The minor children at present are staying with the mother . While deciding this injunction application apart from the rights of the parties in the said property , impact of disturbed and unhappy family relations of the parties on the impressionable age of the children is necessary to be taken into account. The learned Judge has taken the best possible view in respect of balance of convenience and prima facie case. 4] It is to be noted that the petitioner’s right to have access to the children is not restricted by the order of the family Court. The petition is dismissed. MRS.MRIDULA BHATKAR,J.