Bombay High Court: Wife Cannot Stop Flat Sale If Alternative Housing Is Provided
The Bombay High Court recently ruled that a wife cannot stop her husband from selling a flat if he provides her with similar alternative accommodation in the same area.
On January 30, Justice Amit Borkar dismissed a woman’s petition challenging a December 2021 ruling by the Bandra Family Court, which allowed her estranged husband to sell their flat to repay an outstanding loan.
Court Ruling on Alternative Accommodation
The family court had instructed the wife to select a 2 BHK rental flat within 30 days, or the husband would pay ₹50,000 per month towards rent.
The couple had married in December 1996, and the husband filed for divorce in February 2021, which is still pending. In May 2021, he applied to the Family Court, stating that he had already paid 44 EMIs, amounting to ₹1.15 crore, including interest for the flat. Due to financial difficulties caused by the COVID-19 pandemic, he was unable to continue paying both the EMI and household expenses.
Wife’s Argument Against Flat Sale
The wife refused the alternative flats offered by her husband, claiming that he was not facing a financial crisis but instead attempting to evict her from their matrimonial home. She also stated that she had lived in the flat for many years and was accustomed to the surroundings.
However, the husband’s advocate, Mohit Bhardwaj, argued that the wife has no legal right to demand that she remain in a particular property if alternative housing is provided.
High Court’s Verdict
Justice Amit Borkar ruled that the family court’s decision was fair and that the wife’s right is limited to maintaining a similar standard of living. He stated:
“A wife has the right to live a similar lifestyle as her husband. However, she cannot prevent the sale of a flat owned by him if he offers similar alternative accommodation nearby.”
The wife’s advocate, Abhijit Sarwate, raised concerns about potential eviction if the husband fails to pay rent. Justice Borkar noted the husband’s legal commitment to paying rent and the consequences of any breach of this undertaking.
To further protect the wife’s interests, the court ordered ₹2 crore from the sale proceeds to be kept in a nationalized bank as a fixed deposit, which cannot be withdrawn without family court approval.
Final Decision
The Bombay High Court upheld the family court’s ruling, stating that the husband’s offer was genuine, as he had continued paying the flat’s EMI even after their separation. The wife’s petition to stop the sale of the flat was dismissed.
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