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Mumbai: The Bombay High Court recently held that an estranged wife has no right to oppose the sale of a flat owned by the husband, if he is ready to provide her an alternate accommodation in the same vicinity.Single-judge Justice Amit Borkar therefore, asked a woman, to accept the offer made by her husband and to look out for a rental flat in Mahim, Mumbai where she can shift.
“It is well settled that the wife has a right to lead similar life style as that of the husband. However, she has no right to impede sale of flat owned by husband if he provides similar alternative accommodation in vicinity. If husband is ready to provide alternative rental accommodation having similar facilities, she cannot refuse it on the ground that she is habituated in the existing flat,” Justice Borkar held.
The bench was hearing a plea filed by the wife challenging a December 16, 2021 order passed by a family court asking her to shift to a rented house as husband wanted to sell their matrimonial house.
In his five-page order, Justice Borkar, said that the wife’s apprehension was unfounded. He also noted that the family court had balanced the equities by ordering the husband to keep ₹2 crore (from the flat’s sale) in a fixed deposit.
“The material on record shows that the husband has continued to pay EMI of suit premises even after separation with wife. This indicates that the intention ofhusband is not to evict her from suit premises but to shift her to alternative accommodation which is suitable for her,” the judge opined.
Therefore, the Court said that the family court’s order didn’t need any intervention.
Advocates Abhijit Sarwate, Hardev K Aidhen and Ajinkya Udane appeared for the wife.
