Case Note & Summary
The appellant, Rina Diwan, wife of Kiritkumar Diwan, filed a First Appeal before the Gujarat High Court challenging the judgment dated 26.11.2025 passed by the Family Court, Ahmedabad in Family Suit No. 2069 of 2021. The Family Court had dismissed her suit seeking a declaration and permanent injunction in respect of the suit premises, a tenement located at Chunwal Nagar (Part-2), First Floor, Bhargav Road, Meghaninagar, Ahmedabad. The marriage between the parties took place on 16th February 2010, and a son was born on 22nd October 2012. The parties lived together in the suit premises until May 2020, when the respondent-husband left the home for reasons not specified, followed by respondent nos. 2 and 3 (in-laws). The appellant continued to reside in the suit premises. She filed the suit seeking a direction to the respondents to hand over peaceful possession of the suit premises. The Family Court dismissed the suit. On appeal, the High Court, after hearing the submissions of Mr. Bhunesh Rupera for the appellant and Mr. Tapaswi Raval for the respondents, passed an order on 02.02.2026 accepting the submissions and allowing the appeal. The Court held that the wife has a right to reside in the matrimonial home and the Family Court's order was erroneous. The appeal was allowed, and the appellant was granted possession of the suit premises.
Headnote
A) Family Law - Matrimonial Home - Right to Residence - Protection of Women from Domestic Violence Act, 2005, Section 17 - Wife sought possession of suit premises as shared household - Husband and in-laws left the house, wife continued in possession - Family Court dismissed suit - Held that wife has a right to reside in the matrimonial home and the Family Court's order was erroneous - Appeal allowed, possession granted to wife (Paras 1-8).
Issue of Consideration
Whether the wife is entitled to possession of the suit premises as her matrimonial home and whether the Family Court erred in dismissing her suit for declaration and permanent injunction.
Final Decision
The appeal is allowed. The judgment dated 26.11.2025 passed by the Family Court, Ahmedabad in Family Suit No. 2069 of 2021 is set aside. The appellant is entitled to possession of the suit premises.
Law Points
- Matrimonial home
- right to residence
- domestic violence
- shared household
- possession
- injunction
