In a relief to Pakistani singer Adnan Sami, the Bombay high court on Monday stayed the order of the family court which had directed him to pay Rs6.4 crore to his ex-wife Sabah Galadari, a citizen of UAE, towards repayment, compensation and Meher (money given by husband to wife after marriage). He was also asked to surrender his duplex flat at Andheri.
A division bench of justices VK Tahilramani and Anil Menon has, however, directed him to deposit an amount till his appeal is decided.
The HC has allowed Sami and his family to reside in the duplex flat at Andheri. The judges have even restrained Galadari from creating third party rights in the flat, in view of the gift deed executed in her name by Sami.
The court was hearing an appeal filed by Sami challenging the family court's order of April 5, saying that it was "erroneous, illegal, ultra vires, contrary to settled principles of law, and is unsustainable".
Sami's counsels, Navroz Seervai and Ranbir Singh, had argued that the family court did not appreciate the legal effect of the order of the Enforcement Directorate which held that Sami had no legal title and hence no legal authority to gift the suit property.
Challenging the family court order which asked him to return Rs5.3 crore which he had borrowed from Galadari, Sami said that she had failed to prove that she had lent him the amount in the first place.
In addition, the family court had asked Sami to pay Rs1 crore as compensation for alleged harassment under the Protection of Women from Domestic Violence Act. Challenging this, Sami said that the amount was decided without disclosing any cogent reasons for arriving at such a figure. "The mere fact that the Respondent (Galadari) is used to an extremely high standard of living and is of high status does not by itself justify imposition of such heavy compensation," Sami had claimed.
Sami claimed that the judge's premise of stating that domestic violence was committed is discriminatory.
He has also challenged the award of Rs10 lakh as meher (money given by husband to wife after marriage) to Galadari.
Sami had purchased a duplex flat in Oberoi Sky garden in Andheri. he had later gifted it to Galadari. However, after they separated, Sami refused to hand over the flat and is residing there with his third wife, Roya Farabi.
The family court had given one month's time to Sami to surrender the same to Galadari. But the HC has allowed Sami to stay in the flat.
On the other hand, Galadari opposed the appeal stating that the singer was liable to pay the Rs6.4 crore as directed by the family court after they were granted divorce on the grounds of cruelty and as relief under the Protection of Women from Domestic Violence Act.
Sabah's counsels, Mahesh Jethmalani and Edith De, further contended that Sami has not challenged the basic ground of cruelty on which they have been granted divorce. Hence, he is liable to pay the amount as directed by family court as compensation for violation of the Act.
The two have been in an on-off marriage since 2001. They married in 2001, got divorced in 2004. They re-married in 2007 and once again got divorced in 2012.
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