HC says it has jurisdiction to hear appeal of Adnan's ex-wife

A division bench of Bombay High Court today held that it has the jurisdiction to hear an appeal filed by Sabah Galadari, former wife of Pakistani singer Adnan Sami, against a single bench order which had asked her to move out of Sami's flat in suburban Andheri.
Adnan had challenged Sabah's appeal saying that such matters cannot be heard by a division bench of High court. His counsel, Srihari Aney, had argued that in such cases the revision jurisdiction lay with the Supreme Court.
However, Sabah's counsel Mahesh Jethmalani argued that the single bench order had asked his client to shift from the residence of Sami to his another flat in the same complex, or to their old house in nearby Versova, while allowing the singer to stay in Andheri house with his new wife.

He said Sabah had not asked for such a relief, and wanted Adnan and his wife to move out, so she wanted to challenge that order.
Justices V M Kanade and K S Shriram held that High Court division bench had the jurisdiction under the Constitution to hear such appeals.
Sabah had earlier approached the family court which had in June 2010 allowed her to stay in the spacious flat along with the singer and his current wife. However, she sought modification of the family court order by moving a single bench of the High Court.
Sabah contended that not only the flats were purchased with her money, but Sami had also gifted her these residences. On the other hand, Adnan contended that he had withdrawn the gift deed.

His lawyer claimed that the flats, located in Oberoi Sky Gardens in the Lokhandwala complex in Andheri, were in the process of being confiscated by Enforcement Directorate as the singer had purchased them without taking permission of Reserve Bank of India as he was a Pakistani citizen.