The Kerala High Court has ruled that a divorced woman cannot continue living in her former matrimonial home by claiming it as a shared household. Once the marriage is legally dissolved, she loses the right to reside in that house unless she has a legal claim or court order supporting her stay.
This decision was given in the case of V V Jaya vs. M P Rajeswaran Nair, where the woman had challenged a Family Court order that gave the possession of a house to her ex-husband and his family. The house originally belonged to the husband’s late mother. After her passing, the house was inherited by the husband.
The couple got married in 1994 and divorced in 2015. After the divorce, the husband filed a case to recover possession of the property from his ex-wife. The Family Court ruled in his favor, ordering the wife to vacate the property. She then appealed this decision in the High Court.
The ex-wife claimed that the house was her “shared household” since she had been living there during her marriage. However, the High Court stated that the Family Court had correctly found that she had no legal right or ownership over the property after the divorce.
The Court also noted that the woman had earlier filed domestic violence cases and requested residence and compensation under the Protection of Women from Domestic Violence Act. However, those cases were dismissed as the allegations were not proven.
Moreover, the Court observed that the woman was refusing alternative accommodation offered by her ex-husband and was simply trying to hold on to the property without a legal basis.
Based on the evidence, the High Court upheld the Family Court’s decision and ordered her to vacate the property immediately. If she refuses, the husband can seek enforcement of the eviction through the Family Court.
The Court concluded:
“The claim for residence in the building as a shared household cannot override a civil court’s eviction decree. Since the marriage ended in 2015, the woman has no legal right to live in the property.”
📁 Case Name:
V V Jaya v. M P Rajeswaran Nair
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