In a recent ruling, the Madras High Court stated that if removing the husband from the home is the only way to maintain domestic peace, Family Courts should not hesitate to pass such an order. The Court emphasized that this can be ordered even if the husband does not have alternative housing.
The Court explained that if the husband has another place to live, he can be asked to move there. However, if no alternative housing exists, it is his responsibility to find a new place to live.
In this case, the petitioner, a lawyer, challenged a Family Court order that simply directed her husband not to disturb her peaceful living conditions with their children. She argued that her husband harassed and abused her in front of the children, affecting their peace of mind. She sought an injunction after the abuse escalated.
The respondent husband claimed he was a supportive father and accused the petitioner of filing additional complaints after getting a favorable ruling. However, the Court observed that the husband’s intolerant attitude towards the wife’s profession and independence was the root of their conflict.
The judge noted that the husband seemed to believe that a “good mother” should only stay at home and perform household chores, which created a toxic environment for the wife, impacting her personal and professional life.
The Court ruled that in such circumstances, it is unacceptable to force the petitioner and her children to live in fear and insecurity. While some couples manage to live in the same house despite marital issues, if their presence harms domestic peace, separation under the same roof cannot be maintained.
The Court criticized the Family Court for not considering the husband’s alternate accommodation and noted that allowing him to stay while merely instructing him not to disturb the household was impractical.
The Court ordered the husband to vacate the home where the wife and children were living within two weeks. If he failed to do so, police protection would be used to remove him from the house.
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