The Court was hearing a revision application filed by in-laws challenging orders of a Magistrate that allowed the divorced wife to reside in the shared household, which was the matrimonial house, which stood in the name of her now estranged father-in-law.
The in-laws pointed out that a family court had dissolved the marriage of their son and his estranged wife by a detailed order passed on July 10, 2018. They further pointed out that an appeal filed by the wife challenging the said order is pending before the High Court.
They contended that now that the marriage is dissolved, the wife cannot seek right to residence, especially because she had left their matrimonial house months before the divorce decree was ordered.
The counsel for the divorced wife argued that divorce decree has been challenged by way of appeal filed by her on the ground that it was obtained by fraud, and the appeal is still pending consideration.
Source: Barandbench
