what happens if husband wife has joint 3 bhk and husband files divorce

729 votes

In case of joint ownership of a 3BHK flat, both husband and wife have equal legal rights in the property. However since you and your 2 minor children are already residing there and multiple cases like DV, 498A and Maintenance are pending, the court usually does not allow the husband to forcefully enter or take possession of any room, especially when there are allegations of adultery and long separation. Under HMA Section 27, the court can decide about joint property during divorce, but it will consider the welfare of minor children and the wife's right to residence under DV Act. The husband already has 3 other properties, so his prayer for 1 room in the same flat where you reside may not be allowed easily. You can oppose his application and request for exclusive possession. For proper strategy, please consult a Family Court advocate and show all documents including chargesheet and property papers.

Advocate Shamma Perween LawRato

941 votes

Main Advocate Sudesh baat kar raha hoon Is situation me judge husband ko us joint 3 BHK property me enter hone ya room lene ki permission bilkul nahi denge Halanki property joint hai lekin wife aur do minor bacchon ki safety aur mental peace court ke liye sabse pehle aati hai Husband par 498A aur Domestic Violence (DV) ke cases chal rahe hain aur wo pichle 3 saal se alag reh raha hai Sabse badi baat ye hai ki uske paas 3 aur properties hain isliye use rehne ki koi majboori nahi hai. Domestic Violence Act (Section 19) ke tahat court wife aur bacchon ki suraksha ke liye husband ko ghar me aane se saaf rok sakti hai isliye uski ek room mangne ki prayer reject ho jayegi.

Advocate Sudesh Kumar LawRato

569 votes

In this highly contentious legal scenario, the husband’s request to be granted a specific room within the jointly owned three-bedroom apartment is highly unlikely to succeed, given the severe legal and factual circumstances against him. While the husband does hold legal joint ownership over the property, his right to physically occupy it is not absolute, especially when weighed against the safety and welfare of the wife and her two minor children. The fact that the wife has successfully filed multiple serious cases—including a domestic violence complaint and a Section 498A criminal charge, which has already reached the charge-framing stage with a chargesheet—completely alters the dynamics of his claim. These serious allegations of cruelty, coupled with his three-year separation and admitted adultery in another city, provide the wife with a very strong legal standing to oppose his entry. The court, particularly under the framework of the Protection of Women from Domestic Violence Act, is legally obligated to prioritize the victim’s right to reside in a shared household free from violence and harassment. Granting him a separate room within the same apartment would effectively force the wife and children to live under the same roof as a man facing serious criminal charges, which directly contradicts the core purpose of the domestic violence law, which is to ensure her safe and secure residence. Furthermore, his decision to file this declaration under the Hindu Marriage Act for a single room does not override her primary right of residence, especially when he clearly owns three other separate properties where he could reside. The judge is bound to consider the extreme mental and physical distress his presence would cause, as well as the potential for further conflict. Given the existence of alternative accommodation for him and the grave nature of the pending criminal allegations, the court will almost certainly deny his request. The judiciary is unlikely to allow a living arrangement that endangers the well-being of the wife and minor children, and his application is expected to be dismissed.

Advocate Lalit Saxena LawRato

946 votes

it depends from case to case a chargesheet has been filed against the husband maintenance and domestic violence currently wife is staying with yes two minor sons will the husband being the joint owner of the property

Advocate Spiti Sarkar LawRato

659 votes

No, Court unlikely to allow room given 3 yrs separation, adultery allegations, & wife/children in possession. Court will deny 1-room entry in joint 3BHK to avoid conflict, tell him stay in other property.

Advocate Krishna Jeevan Gaur LawRato