While setting aside the order of a magisterial court, Additional Sessions Judge Pulastya Pramachala allowed the appeal filed by the woman's parents-in-law, saying that she is entitled to claim a right to residence in a house only if it is her husband's property or if he has a share in it.
"In view of such uncontroverted facts and the fact that husband of applicant (woman) has already taken a house on rent, wherein she can seek a right to residence, the impugned order of the trial court cannot be sustained," the judge said.
The court remanded the case back to the magisterial court to decide the woman's claim regarding her right to residence afresh and directed her and the parents-in-law to appear before it.
The appeal was filed by the parents-in-law of the woman against the trial court's order in a domestic violence case in which they were directed to allow her re-entry in their house considering it as shared household.
They had further contended that the property is not a shared household property as considered by the trial court because the husband of the applicant has no right, share or title in it.