In a recent decision, the Bombay High Court ruled that a wife cannot prevent her husband from selling a flat he owns if he offers her similar alternative accommodation nearby. Justice Amit Borkar passed this judgment on January 30, dismissing a petition from the wife, who had challenged a family court order permitting her estranged husband to sell the property to settle an outstanding loan.
Background of the Case:
The case involves a couple who married in 1996. The husband filed for divorce in February 2021, and in May of the same year, he approached the family court, explaining that he had already paid 44 installments totaling Rs 1.15 crore for the flat. However, due to the financial strain caused by the COVID-19 pandemic, he was unable to continue paying both the EMI and living expenses for two households, especially since he couldn’t return to his job in the UK.
To avoid damaging his financial credibility due to non-payment, the husband sought permission to sell the flat. He proposed renting a nearby 2 BHK flat for his wife and children or paying Rs 50,000 per month toward rent. However, the wife rejected this offer, stating that it was a ploy to force her out of the matrimonial home and argued that her husband was not facing a genuine financial crisis.
Court’s Ruling:
Justice Borkar ruled that the family court had “balanced the rights of both sides” and emphasized that while the wife is entitled to a similar lifestyle as her husband, she cannot demand to stay in a specific flat if a comparable alternative is provided.
The court noted that the husband’s offer to provide similar rental accommodation in the vicinity was fair, and the wife’s argument of being accustomed to the current flat was not sufficient reason to block its sale. The court also took into account that the husband continued paying the flat’s EMI even after their separation, demonstrating his good faith.
The wife’s concern that her husband may not pay the rent was addressed by the court, which highlighted the husband’s legal obligation to do so. Justice Borkar added that Rs 2 crore from the sale of the flat would be kept in a fixed deposit, ensuring the wife’s financial interests are safeguarded.
Conclusion:
The Bombay High Court dismissed the wife’s petition, ruling that as long as the husband provides a similar alternative accommodation, she cannot prevent the sale of the flat. The court’s decision aims to balance the rights of both parties while ensuring that the wife’s standard of living is maintained.
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