SUDIPTA SANJEEB CHAKRABORTY Vs. SANJEEB CHAKRABORTY

JUDGEMENT

(1.) Heard finally, by consent.

(2.) The petitioner/wife has challenged the impugned Order dated 1/11/2007, passed by the Family Court, Mumbai whereby her application is dismissed for want of territorial jurisdiction with regard to the dispute about flat situated at Pune, thereby not granted interim injunction/relief as prayed.

(3.) The parties married on 28th March, 2003 as per the provisions of Special Marriage Act, at Mumbai. They continued to reside in Mumbai after their marriage. On 7/ 10/2006 the wife/petitioner filed a Petition under section 27(d) of the Special Marriage Act. As alleged during the marriage they jointly purchased the flat bearing No. 401 situated on 4th floor of building known as "Marigold", A-8, Gulmohar City, Khardi, Pune. The respondent-husband inducted tenants in the said flat. In view of apprehension that he would create some more encumbrance or third party rights, the petitioner moved an interim Application No. 288 of 2006, seeking an injunction against the respondent and 50% rent of the said flat.