mumbai in a major relief for socialite poonam bhagat the bombay high court on monday set aside an order of the family court which in april restrained her entry to a bungalow at tony pali hill in bandra where she lived with her industrialist husband jaidev shroff since their marriage in 2004 the hc observed that the family court order was perverse and leads to miscarriage and also travesty of justicesignificantly the hc held the bungalow was a shared household as defined under the law meant to protect women from domestic violence and that she had a right to reside in it shroffs counsel darius khambatta said it was not his matrimonial house it is not owned by him but only allotted to him by his employer as a temporary accommodation khambata had arguedthe family court too had said that a flat in pali hill offered during the hearing by shroff to poonam as an alternate accomodation was their matrimonial or shared household but justice r g ketkar who pronounced the judgment found substance in poonams counsel janak dwarkadas submission that it was their matrimonial house which she had every right to continue to reside in dwarkadas argued the fact that it was not owned by him nor tenanted does not deprive it of being a matrimonial home as it is where poonam lived as a woman in a domestic relationship and the court agreed the hc stayed its order for four weeks on a plea made by khambata to enable an appeal to the supreme courtshroff had in the family court sought to bar her entry alleging that she had tried to administer him in collusion with a bengali baba with some food that left him disoriented and he feared for his and the lives of his two children from a previous marriage but the hc observed shroff had miserably failed to make out a case for interim order justice ketkar in a detailed 73page order prima facie observed that shroffs plea was bereft of any particulars and is not supported by any material and that the family court findings of there being substance in his apprehension was contrary to material on record the hc observed even after he filed for divorce last october the two were staying together in the bandra houseshroff filed for divorce in october 2015 on grounds of cruelty against her poonam said she was unaware of the petition and they even travelled as a family to italy in november 2015 shroff 50 has two children aged 19 and 21 now from a previous marriage while he and poonam have a daughter born in 2007