HC directs singer to hand over house's possession to ex-wife Sabah.
The Bombay high court has given Pakistani singer Adnan Sami two months to vacate his duplex apartment on the 13th and 14th floor of Oberoi Sky Garden in Andheri’s Lokhandwala Complex and hand it over to his ex-wife Sabah Galadari.
A division bench of Justice Abhay Oka and Justice SC Gupte on Monday set aside a single bench order of the high court passed in October 2010 and upheld a family court order of June 2010 in favour of Galadari, holding that it was her matrimonial house before her divorce and Sami had by a gift deed transferred the rights of the house to her.
Presently, Sami stays in the house with his current wife Roya Farabi.
The court was hearing Galadari’s appeal against a single bench order of the high court which had refused to disturb the judgment of the family court granting access to Sami and his current wife to the two flats.
During a hearing on December 12, Sami had opposed her petition, claiming before the court that he did not have the funds to relocate to another house. Further, he had said that the property is disputed as it has been confiscated by the Enforcement Directorate under the Foreign Exchange and Management Act.
Sami, who had argued his case in person, said, “I do not have funds and I cannot move into a house which is inhabitable. Moreover...what is the point for me to spend on the redecoration if the flat is not going to be in my possession?”
Senior counsel Mahesh Jethmalani argued that the house was Galadari’s matrimonial house and was actually transferred in her name by the way of a gift deed in 2008. This has not been challenged by Sami, thus making Galadari the rightful owner of the house.
Court order
A division bench of Justice Abhay Oka and Justice SC Gupte on Monday set aside a single bench order of the high court passed in October 2010 and upheld a family court order of June 2010 in favour of Adnan Sami’s ex-wife Sabah Galadari, holding that it was her matrimonial house before her divorce and Sami, by a gift deed, had transferred the rights of the house to her.
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