-1- IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPELLATE JURISDICTION CIVIL APPLICATION NO. 146 OF 2008 CIVIL APPLICATION NO. 146 OF 2008 CIVIL APPLICATION NO. 146 OF 2008 IN IN IN FIRST COURT APPEAL NO.39 OF 2007 FIRST COURT APPEAL NO.39 OF 2007 FIRST COURT APPEAL NO.39 OF 2007 Mr Devang Prataprai Shah, .. Appellant. Vs Mrs Jigna Devang Shah, .. Respondent. Mr A.M.Varnekar, for the applicant. Mrs V.S.Deshpande, for the respondent. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. CORAM : B.H.MARLAPALLE & D.B.BHOSALE,JJ. DATE : 22/07/2008 DATE : 22/07/2008 DATE : 22/07/2008 PC: PC: PC: 1. We have heard Mrs Deshpande as well as Mr Varnekar, learned counsel for the respective spouses. 2. This is an application by the wife seeking directions against the husband to provide for a residential accommodation/shelter as per the order passed by the Family Court on 20.5.2006 which order is the subject matter of challenge in F.C.A.Nos 38 and 39 of 2007 filed by both the parties. 3. Though the husband had identified some premises which were also shown to the wife, none of them was found suitable for her occupation along with daughter and the wife claims that she should have a residential accommodation in Ghatkopar (E) where her parents stay. -2- Mrs Deshpande, learned counsel for the wife, has submitted her report after visiting the premises identified by the husband pointing out that none of them is suitable and states that the alternative premises were searched and the wife is ready to identify some of them. However, the rental charges for such accommodation found suitable by the wife, are to the tune of Rs.12,000/- per month in addition to the deposit fee and brokerage charges for taking the premises on leave and licence basis. 4. We have heard the learned counsel for the parties at length and we direct as under:- (i) The wife will identify a suitable premises admeasuring about 250 to 300 sq.ft in Ghatkopar (East) area within a period of four weeks from today and the same will be shown to the respondent-husband for signing a leave and licence agreement. (ii) If the monthly charges for such premises are Rs.10,000/- or more, the husband’s monthly contribution shall be limited to Rs.7,500/- p.m. and the remaining rental charges shall be borne by the wife. (iii) The deposit amount as well as brokerage will be borne by the respective parties in the same share, i.e. -3- 75% by the husband and 25% by the wife. (iv) Lease Agreement shall be signed in the name of the husband and with a specific clause that it shall be available for residence of the wife with her daughter and till the wife remains unmarried. 5. The application is disposed of in terms of the above directions. (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (D.B.BHOSALE, J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.) (B.H.MARLAPALLE,J.)