JAYA V V Vs. M.P. RAJESWARAN NAIR

JUDGEMENT

(1.) The 1st respondent in OP No.1697 of 2013 on the file of Family Court, Thiruvananthapuram, is the appellant herein, challenging the judgment dtd. 17/2/2023.

(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 plot including the petition schedule building. The 2nd respondent married the 1st respondent in the year 1994 and thereafter they were living in the petition schedule building. But, subsequently, they got separated and their marriage was dissolved as per the decree dtd. 2/12/2015 in Mat.Appeal No.312 of 2007. After effecting partition, the petitioners filed OP No.1697 of 2013 for getting recovery of possession of the schedule building from the 1st respondent with mesne profits @ Rs.4,000.00 per month. She vehemently opposed that OP contending that, it was her matrimonial home and since marriage she was residing there with her husband and children, and it is her shared household and so, she cannot be evicted therefrom.