Husband Ordered to Pay Rs. 30 Lakh Per Month in Rent to wife – SC

Apex court observed in a Civil Appeal titled JAIDEV RAJNIKANT SHROFF  VERSUS POONAM JAIDEV SHROFF that granting the prayer and allowing the respondent wife to move into the matrimonial house would be detrimental to the parties' interests rather than beneficial. The record and the status of the criminal proceedings would indicate that the parties' relationships are so strained that allowing them to live together would result in additional criminal proceedings. 

The petition was filed by the appellant husband seeking divorce on the ground of cruelty against his wife. The respondent wife along with their daughter went to 38, Pali Hill, Bandra, i.e., her mother's residence. The husband then filed an application seeking an order of injunction restraining the respondent-wife from entering the said house 

The Family Court granted an injunction preventing the respondent-wife from entering her husband's home. the respondent wife filed a writ petition being Writ Petition No. 6029 of 2016 before the Bombay High Court. Vide order dated 24th October 2016, the High Court allowed the said writ petition filed by the respondent wife. Appellant husband has approached Apex Court.   

Apex Court observed granting the prayer and allowing the respondent wife to move into the matrimonial house would be detrimental to the parties' interests rather than beneficial. The record and the status of the criminal proceedings would indicate that the parties' relationships are so strained that allowing them to live together would result in additional criminal proceedings. 

During pendency of the appeal many properties were offered to wife to choose anyone which is identical to her matrimonial home for residing, but all were rejected by the wife. 

Further observed that stretch the word 'similar' to be totally identical to the said house, would be unrealistic. The conduct of the respondent wife in rejecting all the properties, which have been identified by the Architect, only on the ground that they are not similar, to say the least, is unreasonable. 

Apex Court has rejected the interlocutory applications filed by the respondent and held the husband would be liable to pay rent to the maximum of Rs. 30 lakhs per month. 

D.D-DECEMBER 03, 2021.

JAIDEV RAJNIKANT SHROFF  VERSUS POONAM JAIDEV SHROFF