Ex-Wife Cannot Claim Residence in Shared Household After Divorce: Kerala High Court
The Kerala High Court recently ruled that a divorced wife cannot continue to live in her ex-husband’s house, even if she considers it a shared household. The court upheld an eviction order previously issued by a competent Civil Court.
Court’s Decision
The case involved an ex-wife challenging a Family Court order that granted possession of a house to her ex-husband and his family. The house originally belonged to the husband’s late mother, and after her passing, he took possession of the property.
The couple had been living there since their marriage in 1994 but divorced in 2015. After the divorce, the ex-husband sought legal possession of the house. The Family Court ruled in his favor, ordering the ex-wife to vacate the property. She challenged this decision in the High Court, claiming it was her shared household.
Legal Findings
The High Court found that the woman had no legal right, title, or interest in the property since the marriage had ended in 2015. The court also noted that:
- The woman had previously filed domestic violence cases against her ex-husband, which were dismissed.
- She had also sought residence and compensation under the Protection of Women from Domestic Violence Act.
- The allegations of domestic violence were not proven.
- She refused alternative housing options offered by her ex-husband.
Final Ruling
The High Court upheld the Family Court’s decision, stating that the ex-wife could not override the eviction order. The court directed her to vacate the property immediately. If she failed to do so, the property owner (her ex-husband) could approach the Family Court to ensure the eviction was enforced without delay.
This ruling reinforces that after divorce, a former spouse cannot claim residence in a house they have no legal ownership of.
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