The Madras High Court recently stated that if removing the husband from the matrimonial home is the only way to maintain domestic peace, Family Courts must not hesitate to issue such orders.
The court clarified that the husband’s lack of alternative accommodation should not prevent such decisions. If he has another place to stay, he should move there; otherwise, he must arrange alternate housing.
The case involved a wife, a practicing advocate, who challenged a Family Court order that only directed her husband not to disturb her and their children’s peaceful enjoyment of their home. She argued that her husband harassed her, used abusive language in front of their children, and created an unsafe environment.
The court observed that the husband’s hostile attitude toward his wife’s professional commitments and independence led to conflicts. His perception that an “ideal mother” should stay home and focus solely on household duties negatively impacted their relationship.
The court emphasized that compelling the wife and children to live under one roof with a hostile husband would expose them to constant fear and insecurity. It also noted that allowing the husband to stay at home with an order not to disturb the family was impractical.
“Relief for a person living under the fear of an impending bomb is to remove the bomb from their vicinity,” the court remarked.
The bench directed the husband to leave the matrimonial home within two weeks. If he failed to comply, authorities were instructed to ensure his removal with police assistance.
The court reiterated that such orders aim to protect vulnerable individuals and preserve domestic peace.
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