One of my friend in Mumbai has been living separate from his wife and adult son since the last 5 years due to personal differences.
The house which they used to live in is ownership and registered in both the husband and wife's names jointly.
Since last 5 years my friend has been living and working in Dubai.
In 2021 my friend's wife filed a PWDVA Application against my friend with many false allegations of physical, mental and financial torture.
Currently the matter is in court.
During this time, my friend's wife and son broke open the house lock and have started living there again.
Now my friend wishes to return to India permanently but he is afraid of going and living in the same house, because he feels that his wife might again allege against him in some or the other way which might harm his future prospects of going abroad for work again.
My friend, being a Muslim, also wishes to get married again and stay with his second wife in the same house, since he cannot afford to buy a separate house due to financial difficulties.
I would be highly obliged if you could give me your opinions as per law as to what liberties he can have and also what can be the pros and cons ?
Awaiting eagerly for your honourable replies 🙏
Since this property is on the joint names, he has rights in the property, hence he can rightfully stay in a portion of the property.
If they are objecting or stopping entry he can approach police for protection and assistance.
Subsequently he can file a suit for injunction restraining them from taking any action to evict him from the property.
If he wants to marry another person and wishes to live with her in his portion of the house, he can very well do so.
