Property Dispute in Matrimonial Case: Kanta Tejus Manu vs. Tejas Kanubhai Maun

The case of KANTA TEJUS MANU vs. TEJAS KANUBHAI MAUN is a matrimonial dispute involving a property-related issue that reached the Supreme Court. The main contention was regarding an interim order passed by the Bombay High Court, which was challenged by the appellant in the Supreme Court.

Background of the Case

The appellant approached the Supreme Court against an interim order issued by the Bombay High Court in Family Court Appeal No. 95 of 2009. Since the dispute was still pending in the High Court, the Supreme Court focused on expediting the hearing rather than delving into the factual details of the case.

Legal Proceedings

The appellant argued that the interim order had affected her rights and sought relief from the Supreme Court. The respondent, on the other hand, maintained that the appeal was still under consideration in the High Court and should be resolved there.

Supreme Court’s Judgment

The Supreme Court, instead of interfering with the interim order, directed the High Court to expedite the hearing:

“As we propose to request the High Court to dispose of the appeal expeditiously, it is not necessary for us to deal with the factual matrix.”

The Court ordered that Family Court Appeal No. 95 of 2009 should be disposed of within six months from the date of production of a copy of this order before the High Court.

Protection of Property Rights

To ensure that neither party takes undue advantage of the pending litigation, the Supreme Court directed both parties to maintain the status quo regarding the possession and other rights over the disputed flat:

“The parties are directed to continue the status quo with regard to possession and other rights regarding the disputed flat till the matter is finally decided by the High Court.”

Furthermore, the Court explicitly prohibited both parties from creating any third-party rights over the property:

“We also make it clear that neither the appellant nor the respondent shall create any third-party access or rights in the property in the meanwhile.”

Final Decision

The Supreme Court disposed of the appeal without making any changes to the interim order and directed the High Court to decide the matter promptly.

Conclusion

This judgment highlights the Supreme Court’s approach to matrimonial disputes involving property issues. Rather than adjudicating on the matter directly, the Court focused on ensuring a fair and timely resolution by directing the High Court to expedite proceedings.

The appeal was disposed of with no order as to costs.

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Download Judgment: Kanta Tejus Manu vs Tejas Kanubhai Maun Supreme Court of India Judgment Dated 15-02-2016-1741852707149.pdf