The Kerala High Court recently ruled that a divorced wife cannot continue living in her former matrimonial home, claiming it as a “shared household,” especially when an eviction order from a Civil Court is in place.
This case was heard by Justice A. Muhamed Mustaque and Justice Sophy Thomas. The ex-wife, the appellant, challenged the Family Court’s decision to grant possession of the house to her ex-husband and his family. The house originally belonged to the husband’s late mother, and after her death, he inherited the property. The couple, who got married in 1994, lived in the house until their divorce in 2015. After the divorce, the ex-husband sought to reclaim possession of the house, leading to the Family Court ordering the ex-wife’s eviction. She then appealed this decision in the High Court.
The ex-wife claimed that the house was her shared household since she had lived there from the time of her marriage. However, the High Court noted that the Family Court had already found that she had no legal right to stay in the house after the divorce, as she had no ownership or interest in the property.
The court also highlighted that the ex-wife had filed several cases against her ex-husband, accusing him of domestic violence, but these allegations were dismissed. Despite offers of alternative accommodation from the ex-husband, the appellant refused to leave the house.
The Kerala High Court upheld the Family Court’s ruling, stating that the appellant must vacate the house immediately. If she fails to comply, the ex-husband, who is now the rightful owner of the property, can approach the Family Court to enforce the eviction.
The court concluded by affirming that the ex-wife’s claim to reside in the house as a shared household could not override the eviction order issued by a competent Civil Court.
Case Name: V V Jaya v. M P Rajeswaran Nair
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