MADRAS: In the matter of V Anusha v. B Krishnan, Madras High Court observed that Family Courts have a right to remove the husband from his Matrimonial House to maintain Domestic peace.
The Court has also allowed the wife’s plea for a permanent injunction. The Bench headed by Justice RN Manjula observed,
“The protection orders are normally given to ensure the peaceful movement of a woman within her domestic sphere. When a woman fears the presence of her husband and screams, the Courts cannot be indifferent by just directing the husband that he should not harass the wife, but by allowing him to reside in the same house.”
The Court also said that the family court has the power to remove the husband from the house if needed irrespective of the fact that the husband has another accommodation or not.
“If the husband has got an alternate accommodation, it is fine that he can be asked to accommodate himself in that alternate premises. If he does not have any other accommodation, it is up to him to secure alternate accommodation.” In a said case, the wife challenged the order of the Family Court which directed the husband not to disturb the peaceful possession and enjoyment of the home in any manner by the petitioner and her children.
The petitioner said that her husband harassed her and abused her in filthy language in front of children and other family members. She submitted that such abuse would affect the peace of mind of the children, and she moved a petition for a mandatory injunction when the abuse went beyond limits. Since Family Court had not removed the husband from the matrimonial home and aggravated his abusive attitude.