To Maintain Domestic Peace at Home, Family Court can Remove Husband from his Matrimonial House: Madras High Court

Madras High Court

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.

On the other hand, the Husband submitted that he was a supportive father and still the petitioner had dragged him to court. After an argument between both parties, the court noticed the attitude of the respondent and observed that the intolerance of the respondent towards the petitioner’s profession was creating troubles between the parties.
The court observed, According to the understanding of the respondent, an ideal mother is a woman who always stays at home and does only the household chores. If a woman chooses to be independent and do something more than being a housewife and if it is not taken well by her husband, that makes her life horrible by having its repercussion on her personal, familial and professional spheres.
After a complete observation, the court said that the petitioner should not live with the respondent and should not create a toxic environment for children. The court noted that when the conduct of the parties was not affecting the family peace, the court could have allowed them to live under the same roof.
Therefore, the Court opined that If the removal of the husband from home alone is the only way to ensure domestic peace, the courts need to pass such orders irrespective of the fact whether the respondent has or has no other accommodation of his own.

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