Mrs. Ujwala Mahesh Jadhav v. Mr. Mahesh Wamanrao Jadhav And ANR.

VPH

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPLICATION JURISDICTION CIVIL APPLICATION No. 381 OF 2015 IN FAMILY COURT APPEAL No. 23 OF 2012 Ujwala M. Jadhav ...

Applicant Vs.

Mahesh W. Jadhav ...

Respondent *** Mr. Mahesh Vaswani i/b Satyaki Verma, for the Applicant. Mrs. Seema Sarnaik, for the Respondent.

*** CORAM : V. M. KANADE, ACTING C. J. & Dr. SHALINI PHANSALKAR-JOSHI, J.

DATE : DECEMBER 5, 2015 PC.

1.

An application is made for seeking extension of time to vacate the railway quarters, which are occupied by the Applicant-wife. This Court had granted limited extension to the wife to vacate the premises. Against this order, the Applicant-wife approached the Apex Court. The Apex Court, however, had given liberty to the Applicantwife to file civil application for extension of time before this Court. 2.

The learned counsel appearing on behalf of the 1 / 3

Applicant-wife submits that it will take some time for the Applicantwife to find out alternate premises on 'leave and licence' basis. He submits that six months time may be given to her to vacate the premises. This, however, is vehemently opposed by the learned counsel appearing on behalf of the Respondent-husband. She submits that time was given on various occasions to the Applicant-wife and she has been staying in the said premises for the last two years. It is submitted that husband is paying penal rent since the premises are occupied by the wife. She submits that no further extension may be granted.

3.

We are informed by the learned counsel appearing on behalf of the Applicant-wife that railway authorities have no objection for giving some more time to the Applicant-wife to vacate the premises.

4.

The Applicant is a wife of the Respondent-husband and she is not a stranger, who has been inducted in the premises, and as such, strictly speaking the railway authorities cannot charge penal rent on the Respondent-husband. If such rent is charged, the same may be refunded to the husband. However, he shall pay usual rent, which is 2 / 3

otherwise payable by him.

5.

We, therefore, grant extension of three months to the Applicant-wife to vacate the premises. It is clarified that no further extension will be granted and if she does not vacate the premises at the end of three months, she may be forcibly evicted. Civil application is accordingly disposed of in the aforesaid terms. .

Parties to act on an authenticated copy of this order. Sd/- Sd/- [Dr. SHALINI PHANSALKAR-JOSHI, J.] [ACTING CHIEF JUSTICE] Vinayak Halemath 3 / 3