After divorce, wife has no right on husband’s property, but relief to children, know the big decision of Chhattisgarh High Court

Report: Umesh Maurya

Bilaspur News: Chhattisgarh High Court has given a big decision on the property rights of a divorced wife. The single bench of Justice Narendra Kumar Vyas clarified that after divorce, the ex-wife has no legal right to live in the husband’s property or residence, but the minor children can live there being the legal heirs of the father. The decision comes in the disputed quarters between Bhilai Steel Plant employee Ajay Reddy and his ex-wife, where the lower court order was partially modified.

Wife’s claim rejected
According to the case, Ajay Reddy is an engineer in SAIL Bhilai. He had sought divorce from his wife accusing her of domestic violence. After getting the divorce, he obtained an order from the lower court to vacate the quarters, in which instructions were given to throw out his wife and two children. The wife appealed to the High Court citing the Domestic Abuse Act (DV Act), claiming that she and the children had rights in the property. But, the court rejected the wife’s claim under the DV Act.

DV Act only before divorce
Justice Vyas said, “After divorce, the family relationship ends. The wife is no longer the owner or co-owner of the property. The DV Act applies only before divorce, not after.” However, in the interest of the children, the court allowed them to live in the quarter, as they are legal partners in the father’s property. The order for the wife to immediately vacate the house was upheld.

Another such case…
Four months ago, in a similar case, Chhattisgarh High Court had rejected the wife’s appeal against the order of Raigarh Civil Court. A young man from Raigarh used to work in Jindal Steel. On May 11, 2007, he had a love marriage with a female staff member of Jindal Steel Plant. There was a dispute after a few years. They got divorced on 31 March 2014. But, after the divorce, the woman entered her husband’s house in Raigarh and took possession of it. In this case, the High Court had ruled, “After divorce, the wife cannot claim any right over the husband’s property. After getting the divorce decree, the marital status of the wife ends. She cannot claim the right to inherit or own the husband’s property.”