: 1 : cwp-3070-11=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.3070 OF 2011 Mrs. Ruta Kedar Mhatre .. Petitioner v/s. Mr. Kedar G. Mhatre .. Respondent ......... Mr. Pradip S. Chavan for the petitioner Mr. Sasi Nair for the respondent ......... CORAM : R.Y.GANOO, J. DATE : 27th APRIL, 2011 P.C. : 1. Rule. Rule made returnable forthwith. By consent taken up for hearing. 2. The petitioner herein has filed Petition for restitution of conjugal rights under the Hindu Marriage Act, 1955 i.e. Petition No.A-1776 of 2009 in the Family Court at Bombay. In the said petition, the respondent herein has filed an application calling upon the petitioner to vacate the present premises i.e. 8/107 A-Wing, Ganga Sadan, Saudamini CHS Ltd., P.L. Lokhande Marg, Chembur, Mumbai – 400 041 (hereinafter referred to as the present premises). That application was decided by the learned Judge of the Family Court by his order dated 25th March, 2011 being : 2 : cwp-3070-11=.sxw order below Exh.20. Learned Judge granted the said application and has directed the petitioner to vacate the premises mentioned aforesaid. The respondent was directed to allow the petitioner to take her belongings and utensils. If one reads the said order, it appears that learned Judge was impressed by the fact that the respondent is ready to offer to the petitioner an accommodation for her living. Specific description was not mentioned in the said order dated 25th March, 2011. It appears that on the basis of the said offer, learned Judge directed the petitioner to vacate the aforesaid flat where the petitioner and the respondent are residing. The learned Judge has also directed the respondent to provide to the petitioner articles like refrigerator, T.V., cupboard etc. When the petition was taken up for admission, learned Counsel for the petitioner fairly conceded that the respondent had arranged Flat No.A-14, 2nd Floor in the building known as Anjana Society, Pestam Sagar, Road No.6, Chembur, Mumbai (for short new premises) as an accommodation where the petitioner could stay. The Court was informed that the respondent has secured this premises on leave and licence basis and the arrangement of leave and licence is valid and subsisting till February, 2011. A copy of the leave and licence agreement is appended to this petition. 3. After having observed entire record, I am of the view that if the respondent has made alternate accommodation available to the : 3 : cwp-3070-11=.sxw petitioner for her independent occupation, there is no difficulty for the petitioner to stay away from the present premises at 8/107 A-Wing, Ganga Sadan, Saudamini CHS Ltd., P.L. Lokhande Marg, Chembur, Mumbai. Learned Counsel appearing on behalf of the petitioner expressed fear that if for some reasons, the leave and licence arrangement is not continued for further period, the petitioner would be rendered homeless and in that case petitioner would be without any roof over the head. In so far as this aspect is concerned, it was suggested to both the Counsels that if for some reasons the leave and licence arrangement cannot get extended beyond February, 2011, the petitioner would be at liberty to come back to the present premises. This arrangement was accepted by both the parties and assurance was given by the learned Counsel for the respondent that he would make every effort to have leave and licence arrangement extended further by February, 2011. On the earlier occasion itself respondent had given assurance to the petitioner that he will provide necessary articles and amenities as set out in the impugned order dated 25th March, 2011. Today, learned Counsel for the petitioner has tendered a report about the supply of articles. The same is taken on record. Learned Counsel for the petitioner submitted that he is satisfied about the articles and amenities provided by the respondent at flat No.A-14, 2nd Floor in the building known as Anjana Society, Pestam Sagar, Road No.6, Chembur, Mumbai i.e. new premises. Learned Counsel appearing on behalf of the : 4 : cwp-3070-11=.sxw petitioner submitted that as the petitioner recently lost her father, she is in mourning till 5th May, 2011 and would be able to attend to take possession of the new premises and shift to the new premises from the present premises by 11th March, 2011. Learned Counsel on both sides therefore submited that appropriate orders be passed as regards shifting of the petitioner and other related matters. 4. Keeping in view the aforesaid discussion, following order is passed to dispose of the petition. ORDER (i) Petition is partly allowed. Impugned order dated 25th March, 2011 is set aside and instead following arrangement as regards residence of the petitioner is arrived at. (ii) On 6th May, 2011, the respondent shall handover vacant and peaceful possession of the new premises i.e. flat No. A-14, 2nd Floor in the building known as Anjana Society, Pestam Sagar, Road No.6, Chembur, Mumbai to the petitioner. The petitioner upon getting vacant and peaceful possession shall be permitted to put up her own lock. The petitioner shall shift to the new premises along with her articles and belongings on or before 11th May, 2011. The licence fee in respect of flat No.A-14, 2nd Floor in the building known as Anjana Society, Pestam Sagar, Road No.6, Chembur, : 5 : cwp-3070-11=.sxw Mumbai i.e. new premises shall be paid by the respondent from time to time. The petitioner shall observe all terms and conditions of the said leave and licence agreement. If for some reasons, the arrangement of leave and licence in regard to the premises at No.A-14, 2nd Floor in the building known as Anjana Society, Pestam Sagar, Road No.6, Chembur, Mumbai i.e. new premises comes to an end and the petitioner is required to vacate the premises, the petitioner will be at liberty to occupy the present premises i.e. 8/107 A-Wing, Ganga Sadan, Saudamini CHS Ltd., P.L. Lokhande Marg, Chembur, Mumbai – 400 041 and to that extent respondent shall not obstruct the petitioner. It is clarified that the aforesaid arrangement will continue till the disposal of the petition by which the petitioner has sought relief of restitution of conjugal rights as also the relief of divorce put up by the respondent . (iii) Till disposal of the petition, the respondent shall not create third party rights and / or part with possession in regard to the present premises i.e. 8/107 A-Wing, Ganga Sadan, Saudamini CHS Ltd., P.L. Lokhande Marg, Chembur, Mumbai – 400 041. If the respondent is required to do so, he shall obtain permission from the concerned Court before whom the matrimonial dispute is pending. (iv) Advocate for the petitioner shall inform the licensor of the : 6 : cwp-3070-11=.sxw respondent as regards the permission given by this Court to the petitioner to occupy the premises at No.A-14, 2nd Floor in the building known as Anjana Society, Pestam Sagar, Road No.6, Chembur, Mumbai i.e. new premises so that landlord would know that the petitioner who happens to the wife of the respondent is permitted to reside in this premises. (v) Learned Counsel for the respondent states that the respondent shall strictly observe terms and conditions of leave and licence agreement and will not create a situation by which the respondent will be in breach of leave and licence agreement. (vi) Learned Judge of the Family Court is directed to dispose of the Petition No.A-1776 of 2009 filed by the petitioner and the counter claim of divorce put up by the respondent in the said petition as expeditiously as possible. (vii) Petition is disposed off in the above terms with no order as to costs. (R.Y.GANOO, J.)