In a relief to Sabah Sami, estranged wife of Pakistan singer Adnan Sami, the Bombay high court allowed her to access the two flats in Oberoi Garden flat at Andheri.
A division bench of justice BH Marlapalle and justice UD Salvi on Wednesday admitted the appeal filed by Sabah challenging the order of a single judge, which restrained her from entering these two flats.
In October, justice Dalvi had granted possession of the 12th-floor flat at Oberoi Garden and a flat at Ankita Apartments in Andheri.
She had sought access to flats on the 13th and 14th floors at Oberoi Garden.
Her counsel Mahesh Jethmalani and advocate Edith Dey said the 12th floor flat in Oberoi Garden was not in habitable condition, whereas the lease of flat in Ankita Apartments has expired.
Vibhav Krishna, Adnan’s advocate, argued that the high court should restrain Sabah from creating any nuisance in the building. “earlier, she has created nuisance in the building, which should not happened again,” said Krishna.
Sabah had first approached the metropolitan magistrate at Andheri (railways court) and filed a complaint under the Domestic Violence Act alleging that Adnan has driven her away from the matrimonial house.
After Sabah moved family court for divorce, she withdrew the complaint from the magistrate’s court.
“We withdrew the compliant with liberty to file the same before the family court as the divorce petition was pending there,” said Dey.
The family court had restrained Adnan’s relatives, including his mother and son Azan (son from first wife Zeba), access to the flats, but allowed Adnan access.
Sabah had challenged the family court’s order before the single judge of the high court. At the same time, Adnan challenged the order saying that the family court could not entertain compliant under the Domestic Violence Act as it was first filed before the magistrate’s court.