Bombay HC asks Belgian woman's in-laws to give her spare house keys
Swati Deshpande | TNN | Mar 18, 2019, 05:48 IST
Representative imageMUMBAI: In a relief to a Belgian resident who's an overseas citizen of India, Bombay HC last week directed her in-laws to hand over duplicate keys of her matrimonial home to enable her free entry and exit. The HC protected her right of residence at her matrimonial house in south Mumbai. She had alleged that earlier this month, three bouncers in the lobby obstructed her entry.
The court passed the order in a plea of habeas corpus (to seek an order to produce in court a person detained) filed by her cousin, who alleged she was "abducted'. Her husband, a diamond merchant, earlier this month filed for divorce before the Bandra family court.
The HC directed that she be added a party to the habeas corpus petition and she appeared before a bench of Justices Indrajit Mahanty and AM Badar on March 12. She alleged that her movements in and out of the home were "curtailed'' as the main lock had been changed and she was not given a key. She contended that she was not allowed to meet her children and that it was only when she went to lodge a complaint that she was given access to the house
Satish Maneshinde, the counsel for her cousin, supported her claim. Advocates Taubon Irani and Yusuf Iqbal, appearing for her husband, showed the HC a family court order which had ordered her to maintain "status quo in respect of children till further orders. The two minor children reside in the house. The next family court date is March 18.
The plea by her cousin was also to produce the children before the HC. But the HC didn't want to interfere with the family court order and directed that the husband "shall be responsible for them until the family court decides on custody". Sanjog Parab, counsel for her in-laws, "denied allegations... that she has not been provided with food etc."
The HC told her to "keep in mind the advanced age" of her in-laws and oth-ers residing in the five-bedroom house.
The court passed the order in a plea of habeas corpus (to seek an order to produce in court a person detained) filed by her cousin, who alleged she was "abducted'. Her husband, a diamond merchant, earlier this month filed for divorce before the Bandra family court.
The HC directed that she be added a party to the habeas corpus petition and she appeared before a bench of Justices Indrajit Mahanty and AM Badar on March 12. She alleged that her movements in and out of the home were "curtailed'' as the main lock had been changed and she was not given a key. She contended that she was not allowed to meet her children and that it was only when she went to lodge a complaint that she was given access to the house
Satish Maneshinde, the counsel for her cousin, supported her claim. Advocates Taubon Irani and Yusuf Iqbal, appearing for her husband, showed the HC a family court order which had ordered her to maintain "status quo in respect of children till further orders. The two minor children reside in the house. The next family court date is March 18.
The plea by her cousin was also to produce the children before the HC. But the HC didn't want to interfere with the family court order and directed that the husband "shall be responsible for them until the family court decides on custody". Sanjog Parab, counsel for her in-laws, "denied allegations... that she has not been provided with food etc."
The HC told her to "keep in mind the advanced age" of her in-laws and oth-ers residing in the five-bedroom house.
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