Justices F M Reis and V M Kanade, in a recent order, ruled that the husband would stay in one bedroom while the wife would live in another bedroom of the 700 square feet area flat located in suburban Bandra.
The judges directed the wife to hand over duplicate keys of the house to the husband within two weeks and asked both of them not to create any obstructions or interference with each other's possession.
The wife sought stay on this order but the court rejected her plea.
According to the husband, he was forced to leave his flat on July 22, 2007, on account of harassment at the hands of his wife and her relatives. Thereafter, he was not allowed to return home and when he tried to gain entry into the flat the wife's brother assaulted him. As a result, since 2007, he had no option but to stay in a hotel.
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The wife alleged that she was subjected to physical as well as mental cruelty by the husband and if he was permitted to stay in the house there would be complications.
The Court, however, noted that the family court had dismissed the husband's petition for divorce and the house belonged to him as he had purchased it even before marriage. Therefore, he could not be prevented from staying there.