The Kerala High Court recently ruled that a divorced wife cannot stay in her former matrimonial home, even if she claims it as a shared household. This decision supports the eviction order issued by a competent civil court.
Justice A. Muhamed Mustaque and Justice Sophy Thomas presided over a case where the ex-wife appealed against a Family Court decision granting possession of the house to her ex-husband and his family. The house, originally belonging to the husband’s late mother, came into his possession after her death. The couple, who married in 1994, divorced in 2015. Post-divorce, the ex-husband sought recovery of the house, which the Family Court granted, prompting the ex-wife to appeal to the High Court.
The High Court noted that the ex-wife claimed rights over the property by asserting it was her shared household since her marriage. However, the Family Court had determined she had no right, title, or interest in the property following the 2015 divorce.
The Court observed that the ex-wife had filed multiple domestic violence cases against her ex-husband, all of which were dismissed. She also sought residence and compensation under the Protection of Women from Domestic Violence Act. However, the allegations of domestic violence were unproven, and she refused alternative accommodation offered by the ex-husband.
Based on these findings, the High Court upheld the Family Court’s order to evict the ex-wife and restore possession to the ex-husband. The court stated, “The appeal fails and is dismissed. The appellant is directed to vacate the building forthwith. If not, the second respondent, the building owner, may approach the Family Court to ensure possession is restored without further delay.”
The court further added, “The Family Court ordered eviction of the appellant according to the law. Her claim for residence as a shared household cannot override the eviction decree granted by a competent civil court. The appellant has no right to reside in the building and must vacate it immediately.”
Case name: V V Jaya v. M P Rajeswaran Nair
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