Daijiworld Media Network – Mumbai

Mumbai, Aug 15: In a cross-city divorce dispute, the Bombay High Court on Thursday partially set aside a Mumbai family court order, ruling that a husband who moved out of his matrimonial home in 2022 could not seek protection against dispossession.

Justice Manjusha Deshpande observed that “unless a person is already in possession of the premises, such a prayer… would not be maintainable.” The couple, married in Delhi, filed for divorce in separate courts in Delhi and Mumbai in 2022. While the wife continues to reside in the house, she challenged interim reliefs granted to her estranged husband, including his plea to prevent dispossession.

The High Court noted the man’s own admission that he shifted to his father’s home with their children in February 2022, with belongings removed in January 2025. Though he remains the owner, the court held that possession lies with the wife.

The court upheld the family court’s decision to appoint a commissioner to inventory furniture, fixtures, and household items in the matrimonial home, directing that the process be conducted in the presence of both parties and their lawyers. It also dismissed the wife’s reliance on psychological reports, saying such recommendations exceed a doctor’s professional scope.

The husband argued he moved out temporarily for the children’s sake and continued to bear maintenance and property expenses. The Delhi High Court, in December, had reduced his monthly maintenance payments from Rs 29 lac to Rs 2.5 lac.