Madras High Court: Husband Can Be Removed from Home If His Presence Affects Family Peace
In a significant ruling, the Madras High Court said that if a husband’s presence at home causes mental or physical distress to the wife and children, the Family Courts should not hesitate to pass orders asking him to leave the house — even if he does not have another place to stay.
The Court explained that if the husband has alternate accommodation, he can shift there. If not, it is his responsibility to find one. This decision came while hearing a plea filed by V Anusha, an advocate, who said her husband abused her and mistreated her in front of their children, damaging her and her children’s peace of mind.
The Family Court had earlier only told the husband not to disturb the wife’s peaceful enjoyment of the home. But Anusha argued that wasn’t enough, as the husband continued to create an unsafe environment.
The husband claimed he was a caring father and that his wife unnecessarily filed the case, even after getting a favourable court order. However, the High Court observed that the husband showed intolerance towards the wife’s profession, showing hostility and lack of support, especially because she spent time outside working.
The Court noted that the husband had unrealistic expectations of his wife, believing a woman should only do household work. The judge stated that when a woman tries to be independent and the husband doesn’t support her, it affects her personal, family, and professional life.
The Court strongly said that in such toxic situations, the wife and children should not be forced to live with the husband under constant fear or emotional stress. While some couples continue to live under one roof despite problems, that is only acceptable when peace is not affected.
The Court pointed out that the Family Court failed to consider the fact that the husband had an alternate house and still passed an order allowing him to stay.
“Telling someone to stay with a ticking bomb but to not worry because it won’t explode is not practical,” the Court noted.
The High Court then ordered that the husband must leave the house within two weeks. If he does not, he should be removed with police help to protect the peace and safety of the wife and children.
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