The Bombay High Court will decide on Tuesday the maintainability of a restraining order sought by Adnan Sami’s wife in a property dispute case.

The court had questioned the maintainability of the suit as it has risen out of a marriage dispute for which the family court would be the right forum to exercise its jurisdiction. Adnan’s wife Saba Adnan Sami Khan has moved the court seeking a restraining order against the singer from entering the flats she owns.

According to her, Adnan has been ill-treating her because of which she has moved the court to restrain Adnan and his parents from entering the five flats, which she claims was gifted to her by the singer. On Monday, Saba’s lawyer S U Kamdar submitted before the court that the suit was for declaring her ownership of the flats and to declare that Adnan had no right over them.

Kamdar argued that the claim is in the nature relating to property and not something that’s arising out of matrimonial issue. “So why do you need a declaration of possession?” asked Justice A V Nirgude. “I want to just establish my rights before throwing out the person, “Kamdar argued.

However, Adnan’s counsel Ravi Kadam contented that this is a subsisting marriage and the dispute is between husband and wife. As it has come out of a matrimonial relationship, the case should be heard before a family court, he said. The court will now pass its order on whether the suit can be entertained or not on Tuesday. Kamdar had earlier submitted that both the parties are not Indian citizens. While Adnan is a Pakistani, Saba is a citizen of UAE. He had also stated that the flats in question have been gifted to her by Adnan but thereafter lot of problems had arisen which led to the spat between the couple.

Kamdar then sought an interim injunction to restrain Adnan from entering the flats. Saba contended that Adnan can stay in the other flats which he owns. Saba had also stated that Adnan’s ailing father was also staying in her flat and she had objections to that too.