In a recent judgement, the Madras High Court has affirmed the practice of ordering the removal of husbands from matrimonial homes to maintain domestic peace, emphasizing the necessity of such measures in contentious family disputes.
The court’s decision came in response to a case where an advocate wife challenged a Family Court order that had only directed her husband not to disturb the peaceful possession of their home. The petitioner alleged that her husband had subjected her to harassment, including physical abuse and verbal insults in front of their children. She sought a mandatory injunction to address the escalating abuse.
The respondent argued that despite a favorable order from the Family Court, the petitioner persisted with her grievances. He contended that he was a supportive father and challenged the allegations against him.
Observing the hostile attitude of the respondent towards the petitioner’s profession, the court noted the impact of such behavior on both personal and professional aspects of the petitioner’s life. The court highlighted the respondent’s intolerance towards the petitioner’s career and stated that forcing the petitioner and her children to live under the same roof in such circumstances would create an environment of fear and insecurity.
The Madras High Court stressed that if removing the husband from the matrimonial home is the only way to ensure domestic peace, courts should not hesitate to pass such orders, regardless of whether the husband has alternative accommodation. The court criticized the Family Court for not considering the respondent’s alternative accommodation and ordered him to vacate the house where the petitioner and their children resided within two weeks. Failure to comply would result in his removal with police assistance.
The case underscores the judiciary’s commitment to safeguarding the well-being of families in situations where domestic harmony is at risk.
Case Title: V Anusha v. B Krishnan
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