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2023 Supreme(Online)(KER) 34262

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A.MUHAMED MUSTAQUE, SOPHY THOMAS, JJ
V.V JAYA – Appellant
Versus
M.P. RAJESWARAN NAIR – Respondent


Advocates:
For the Appellants/Petitioners: GOUTHAM KRISHNA U.B., C.UNNIKRISHNAN, VIVEK NAIR P., NIDHI BALACHANDRAN, ANANDA PADMANABHAN, UTHARA A.S, VIJAYKRISHNAN S. MENON
For the Respondents: M.AJITH, N.P.PRADEEP, R.MOHANA BABU

Table of Content
1. initial facts surrounding the appeal and the context of the family court's decision. (Para 1 , 2 , 3 , 4 , 5)
2. court's reflections on the need for adherence to law amidst claims of domestic violence. (Para 6 , 7)
3. legal analysis regarding the rights of a divorced wife to remain in her ex-husband's property. (Para 10 , 11 , 15 , 16)
4. discussion on previous legal proceedings related to the appellant's claims. (Para 12 , 13 , 14)

JUDGMENT

Sophy Thomas, J.

The 1st respondent in OP No.1697 of 2013 on the file of Family Court, Thiruvananthapuram, is the appellant herein, challenging the judgment dated 17.02.2023.

2. OP No.1697 of 2013 was filed by the father-in-law and sister-in-law of the appellant for recovery of possession of building No.TC 7/1491 with mesne profits. The 2nd respondent therein was her husband.

3. The petitioners in the OP contended that, the petition schedule building and 95 cents of land comprised in survey No.1531 of Ulloor village belonged to Smt.Sreenidhi Devi, the wife of the 1st petitioner and the mother of 2nd petitioner and 2nd respondent. After her death, partition was effected among her legal heirs by which the 2nd petitioner obtained the pl

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