Husband is willing to pay rent, his advocate says (File)
New Delhi:
The Supreme Court on Friday denied a plea by sociologist Poonam Jaidev Shroff, engaged in a bitter marriage dispute with her industrialist husband Jaidev Shroff, that she be allowed to live with the man. her estranged husband in their luxury marital home in Mumbai or get paid Rs 35.37. Lakhs per month to stay out of rent.
The highest court, which had previously asked Poonam to select a house of her choice to rent in Mumbai, then directed the Family Court Registry at Bandra in Mumbai to invite an architect from the Architectural Council. architecture maintained by Bombay High Court to search. find a suitable accommodation for her after her industrialist husband agreed to pay rent of Rs 30 lakh per month and over Rs 12 lakh for temporary maintenance.
In order, a bench consisting of Judges L Nageswara Rao and BR Gavai took strong note of the denial of properties sought by the court-appointed architect for her and their daughter. and called the approach “unreasonable”.
“In our view, it is impractical to extend the word ‘similar’ as used in the March 6, 2020 order to fully resemble said house. It will be difficult to find a house exactly like the one mentioned with the same size, same amenities, and same luxury.”
“The word ‘similar’ must be understood to offer the same level of luxury and comfort as what is available in said home. We do not hesitate to comment that the respondent’s wife’s behavior is first of all not to choose any house of her choice and secondly, to refuse all properties identified by the Architect , only on the basis that they are not the same. and therefore, to be inconsistent with the order…, to say the least, is unreasonable,” Justice Gavai said in the order.
It refused Poonam Jaidev Shroff’s plea that she and her young daughter be allowed to move in with her estranged husband’s 82, Pali Hill.
“As discussed…, if we allow the man to pray and allow the respondent’s wife to move into said house, instead of serving the interests of the parties, it will be detrimental to their interests. Records and delays in criminal proceedings will show that the relationship between the parties is so strained that if they were allowed to live in said home, it would lead to nothing but further prosecution. criminal proceedings,” the order said.
Dealing with alternative prayer involves the payment of Rs 35.37 lakhs per month as rent, it refers to an order in 2018 by the family court.
The family court, following a meticulous order, after taking detailed records of the parties’ incomes, ordered provisional alimony payments to the wife at the rate of Rs 7 lakh per month and to the minors. with the level of Rs. It says 5 lakhs per month.
“If the prayer for the payment of an amount is allowed, it will give an additional amount to the wife being answered. It will result in the award of an amount much larger than the amount the respondent’s wife has been deemed entitled to by the Family Court… We therefore find that the replacement relief requested is Vow also cannot be granted,” it said.
However, the highest court has directed the Family Court to expedite the proceedings of the pending divorce petition since 2015 and decide it as quickly as possible.
“As a result, we found no merit points in both interdisciplinary applications, and similar applications were rejected. We do, however, clarify that in the case the respondent’s wife decides to move into any of the properties mentioned in the list appended with the Architect’s report dated February 3, 2021, or she finds any premises leased of his choice, the appellant husband must pay the aforesaid rent from the date of the lease of the premises. “
“However, it is taken into account that the top rent of the properties identified by the Architect is Rs. 30,000 per month, the husband who appeals will have to pay the maximum rent of Rs. 30 lakh per month,” the order said.
Earlier on 6 March last year, the highest court directed the Bombay High Court registry to find a suitable home in Mumbai for socialite Poonam Jaidev Shroff.
The court had previously asked the woman to search for a home of her “choice” in the Bandra-Pali Hills area of Mumbai.
She said that instead of being asked to find a house, she would be given a monthly rent of Rs 30 by her estranged husband.
Senior advocate AM Singhvi, representing the husband, has said that his client is willing to pay rent and does not want to pay cash in lieu of rent.
Mr Singhvi has said that Mr Shroff, the husband, filed a FIR lawsuit against his wife for allegedly trying to take drugs through orange juice with the help of a ‘Bengali Baba’ and even the allegation. was filed in that case.
The other side has vehemently denied the allegation.
Mr. Singhvi said he offered Rs 90 crore to settle the whole and final divorce dispute, but it was not agreed.
(Except for the title, this story has not been edited by NDTV staff and is published from an aggregated feed.)
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