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40. Having regard to the facts and circumstances of the present case. In our opinion, this is a fit case wherein an injunction subject to certain terms and conditions should be granted. From the hare reading of the letter, Exhibit 6. Wherein respondent wife has made an allegation against the petitioner husband about his incestuous relationship we are more than satisfied that their living to gether is an impossibility. Shri Mody is also quite justified in complaining that she is motivated by destres of revenge. He is supported in this contention in this behalf by the entries in her diary. It further appears that not only in the trial Court but even at the first appellate stage various efforts were made for reconciliation or settlement. Such efforts were also made during the pendency of this Letters Patent Appeal also. However all these efforts failed. This clearly indicates that the relations between the parties are strained beyond repairs. In these circumstances it will not be in the interest of either parties to force then to live together. Assuming that the residence in the Paradise Apartment is matrimonial home of the respondent wife, the wife has no specifid right against her husband to live in the whole of the house or in any particular portion of the house. The flat in Paradise Apartment is big enough to allow the parties to live there separately by effecting suitable partition. This will be also in interest of children who are away for education but come home in vacations. It is clear from the record that both mother and father have love and affection for the children. Therefore if the parties are allowed to live though seprately in the same house, the children will e in a position to enjoy the company of their parents when they come home. Therefore in our opinion it will be just and fair if an injunction is granted to the plaintiff on the condition that he will effect a partition in the flat as suggested in the plan submitted by the learned counsel for the defendant wife and is also directed to pay her maintenance on an and hoc basis. It is notdisputed that the Court has jurisdiction to pass such a conditional order of jurisdiction to pass such a conditinal order of injunction. In our view such an order is absolutely necessary in this case to do justice between the parties before us. The plaintiff is an eminent surgeon. Therefore he must have a peace of mind to enable him to discharge his duties as a surgeon more efficiently. Unless there is peace at home. Such a peace of mind is an impossibility.Therefore in our view this is a fit case wherein the plaintiff should be granted an injunction though on certain terms and conditions, till the matter is decided in the suit pending on the Original Side of this Court or in any othe appropriate proceedings.