Rupal Sanjay Jain vs Sanjay Gulabchand Jain — Bombay HC (2026) — LawSathi Research

Rupal Sanjay Jain vs Sanjay Gulabchand Jain — Bombay HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Application No.366 of 2026 disposed of with directions: tenant to be noticed under both spouses' signatures to vacate within 7 days; if the Respondent-husband does not shift into the flat within two months it may be leased out in consultation with the Applicant-wife (who must not obstruct), the agreement requiring her signature, rent shared 50:50, and both spouses jointly liable for maintenance charges; Applicant-wife permitted to file an application for maintenance.

Issue for consideration

Whether the Applicant may be permitted to renew, or permit execution of, the leave and licence agreement in respect of Flat No.9 (building 'Omeez', Dattatrey Road, Santacruz (W)) with the existing tenant and/or a prospective tenant. +3 more

Court's answer

If the Respondent-husband does not shift into the said flat within a period of two months, the flat is permitted to be leased out.

Ratio / Principle

Upon the flat being leased out, the Applicant-wife is entitled to 50% of the rent accruing therefrom and the Respondent-husband the remaining 50%.

Key takeaways

Where the flat is in the joint name and the wife is occupying one of the jointly-owned flats, the husband desirous of residing there is entitled to be in occupation of the other flat.ratio¶¶19
The Applicant's claim that the monies for the flat were pumped in by her and her father without the Respondent's contribution was not considered at this stage, being a matter of evidence.ratio¶¶19
The tenant/lessee is to be served a due notice under the signatures of both the Applicant and the Respondent asking the lessee to vacate the flat.

Detailed headnote1 paragraphs

High Court of Judicature at Bombay (Civil Appellate Jurisdiction), Bharati Dangre & Manjusha Deshpande, JJ., 27 March 2026 — Interim Application No.366 of 2026 in Family Court Appeal No.74 of 2024 (Rupal Sanjay Jain, Applicant v. Sanjay Gulabchand Jain, Respondent). The Applicant sought permission to renew or execute the leave and licence agreement for Flat No.9 (550 sq ft, 2nd floor, building 'Omeez', Dattatrey Road, next to Sarala Nursing Home, Santacruz (W)), held jointly with the Respondent-husband. Counsel for the Respondent stated on instructions that he had been transferred to Mumbai and desired to occupy the flat; it was also contended that the parties own two flats jointly, with the Applicant residing in the Santacruz flat while the Respondent stayed in rented premises. The Court declined to consider the Applicant's claim that the purchase monies were pumped in by her and her father, treating it as a matter of evidence, and held that a joint owner whose spouse occupies one of two jointly-owned flats is entitled to occupation of the other. Directions issued: the tenant to be served due notice under both spouses' signatures to vacate within seven days; if the husband does not shift into the flat within two months, it may be leased out by him in consultation with the Applicant-wife (who shall not obstruct), the executed agreement requiring her signature as joint owner, the rent shared equally (50% each), and both spouses jointly liable for maintenance charges. As the flat was the Applicant-wife's only source of livelihood and she had filed no maintenance application, she was permitted to file one, to be considered in accordance with law. Interim Application No.366 of 2026 stood disposed of.