Hindu Marriages Act : After decree of divorce is passed, relation between husband and wife with respect to matrimonial premises becomes that of licencesor and licensee : Easement Act S. 52.

The present petitioner filed suit against the respondent, who
is his divorced wife, on the ground that she is residing in a portion of the
same building in which he has been residing and her stay is continued even after
his marriage with her came to be dissolved by a decree granted by the Family
Court.

The Trial Court held that since no right has been conferred
upon the wife in the divorce decree to stay in the said premises, after
dissolution of her marriage with petitioner, the relationship between the
petitioner and the respondent became that of licensor and licensee and therefore
the husband claimed possession of it by filing the said ejectment suit.

The High Court observed that it is the settled principle of
law that once a decree of divorce is passed by the competent Court, dissolving
the marriage between the husband and wife, they cease to be husband and wife and
consequently they cease to have any right or obligation against each other,
which they had during the subsistence of their marriage. Such rights and
obligations include the right of the wife to reside with her husband and the
obligation on the part of the husband to live with her under the same roof; her
right to succeed to his properties. Therefore, after obtaining a decree of
divorce, though the husband would be liable to pay alimony towards maintenance
of his divorced wife till she remarries or till she dies, he would not be liable
to make arrangement for her stay by securing an accommodation when she has to
leave his residence by reason of dissolution of his marriage with her. At best,
his obligation would extend to enhance the alimony payable by him to her so as
to enable her to meet the additional expenses towards rent of the residential
premises wherein she has to reside after leaving his residence. This being so,
the respondent herein cannot claim against the petitioner any right to reside in
the said premises after dissolution of her marriage with him. The relationship
between the petitioner and the respondent with respect to the said premises has
been that of licensor and licensee, but not that of husband and wife, so that
the respondent could exercise her right to residence in the said premises. She
has no alternative but to quit the said premises, stay in any other premises
suitable to her and claim from the petitioner enhancement in the monthly
alimony.