Bombay High Court
Arunoday Ajay Singh vs Lee Anne Elton on 7 June, 2021
Author: Nitin W. Sambre
Bench: Nitin W. Sambre
Dusane 1/3 6 wpl 4335.2021.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
WRIT PETITION (L) NO. 4335 OF 2021
Arunoday Ajay Singh .... Petitioner
Vs.
Lee Anne Elton .... Respondent
Mr. Nikhil Sakhardande, Senior Counsel a/w Dhruti Kapadia for
Petitioner.
Coram : NITIN W. SAMBRE, J.
Date : 7th JUNE, 2021 P.C.:
1. Shri. Sakhardande, learned Senior Counsel appearing for the Petitioner-husband would invite attention of this Court to the decree for dissolution of marriage passed by the 1st Additional Principal Judge, Family Court, Bhopal on 18th December, 2019 in Regular Civil Suit No. 89-A of 2019. According to him, even if the appeal against the above judgment preferred by the Respondent is pending before the Madhya Pradesh High Court, for last about more than 1 ½ year, no interim orders are in operation against the Petitioner. ::: Uploaded on - 09/06/2021 ::: Downloaded on - 09/06/2021 20:38:39 :::
Dusane 2/3 6 wpl 4335.2021.doc
2. According to him, he is the recorded owner of property i.e. the flat in question and the Respondent-wife, who is staying in Canada, has trespassed broke open the lock and has entered illegally in the suit premises. According to him, in the proceeding for restitution of conjugal rights, in which the orders impugned are passed, does not refer to relief under D.V. Act. There is no occasion for the Family Court to invoke the provisions of D.V. Act with an order of protection in favour of the Respondent in absence of pleadings and opportunity to the Petitioner.
3. According to Mr. Sakhardande, learned Senior Counsel the contentions raised in the petition are not controverted by the Respondent though served.
4. In the aforesaid background, he prays that order of maintaining status-quo in relation to the flat needs to be vacated. His further contentions are, the Respondent is neither using the said property nor acting as per the order of the Family Court but has kept ::: Uploaded on - 09/06/2021 ::: Downloaded on - 09/06/2021 20:38:39 ::: Dusane 3/3 6 wpl 4335.2021.doc the said property under lock and key after having trespassed in the same.
5. In the aforesaid background, the submissions that the proceedings before Family Court are liable to be stayed till the appropriate orders are passed by the Madhya Pradesh High Court in a pending appeal at the behest of the Respondent will have to be accepted.
6. Since the aforesaid contentions are not controverted, further proceedings in Petition No. A-1726 of 2019 and Petition B/29 of 2020 are hereby stayed until further orders.
7. As far as the issue as regards the vacation of status-quo in relation to the flat is concerned, if the Respondent fails to appear on the next date, the Court will be constrained to pass appropriate orders.
8. Matter to come up for further consideration on 21 st June, 2021.
( NITIN W. SAMBRE, J.) ::: Uploaded on - 09/06/2021 ::: Downloaded on - 09/06/2021 20:38:39 :::