Mumbai: The Bombay High Court on Thursday reserved the order on a plea made by Sabah Galadari, divorced wife of Pakistani playback singer Adnan Sami, seeking access to his two flats in suburban Andheri.
The court was hearing Sabah'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 Roya Farabi to two flats on the 13th and 14th floors at Oberoi Garden in the posh Lokhandwala complex here.
Sami, arguing in person, told the court that he could not move out from the flats as he had no other place to live in.
Besides, Sami said, he could not allow Sabah to stay in his house, as the flats had been confiscated by the Enforcement Directorate authorities under the provisions of Foreign Exchange Maintenance Act earlier, and his appeal was now pending before Ministry of External Affairs.
Sabah had filed a complaint under the Domestic Violence Act before the Family Court alleging that Adnan had driven her out of the matrimonial house.
She also said that she had given money to Adnan to buy the flats, and he had given her the flats as a gift to her. The family court restrained Adnan's relatives from entering the flats, but allowed access to Adnan.
"I do not have funds and I cannot move into a house which is inhabitable. Moreover it (the house) is disputed and what is the point in spending money on re-decoration if the flat is not going to be in my possession", Adnan told the bench headed by Justice AS Oka.
Mahesh Jethmalani, Sabah's lawyer, argued that Adnan had gifted these two flats in Oberoi Garden building her, and urged that he should allow Sabah access to them.
Adnan admitted that the flats had been gifted but said the gift deed was later cancelled. He should not be removed from his house as he had no other place to go, he said, adding that Sabah was "a tycoon" and had properties around the world.
