The court asked the industrialist husband to demand accommodation elsewhere.
Chennai:
The Madras High Court has said that if the domestic peace is disturbed because of the husband, he should leave the house.
Justice RN Manjula, who had recently remarked, directed an industrialist to seek accommodation elsewhere, leaving his lawyer wife and two children.
According to wife V Anusha, she had filed a petition in a city family court to dissolve their marriage, pending the proceedings, she had filed a petition to direct her husband to move out of their house in the interest of was filed. and the welfare of the children till the disposal of her petition for divorce.
A family court allowed her petition in part and directed the husband not to interfere in any way with the peaceful possession and enjoyment of the wife in the matrimonial home where his wife and children are residing till the disposal of the main petition. . Being aggrieved by this, the wife filed this revision petition.
Allowing the petition, Justice Manjula observed that since the marriage between the petitioner and her husband did not go well, the family became a battlefield. While the wife said that her husband is unruly and harsh, her husband claimed that he is a very supportive father and that his wife has dragged him to court for being a lawyer.
While it is not appropriate to deal with the merits of the allegations leveled by each other, some basic considerations about the conduct of the parties are necessary to decide on the prayer sought in the petition.
The husband said that his wife did not like to stay at home but used to go out often. He claimed that an ideal mother is one who always stays at home and does only household chores.
The judge said the couple had two children, aged around 10 and 6 years. The indecent behavior of the husband will only disturb the children. It is not uncommon for couples to live under the same roof despite losing the charm of marriage. They can also turn east and west but still try to manage to live in the same house. As long as their conduct does not disturb the peace of the family, but only their personal relationship, there is no harm in allowing the parties to live in the same house until the logical end of their marriage .
But in this case it is a completely different scenario. If one party adopts an uncontrolled and aggressive attitude and creates an unreasonably hostile situation, the wife and her children cannot be forced to live under the constant fear and insecurity of the husband. For a family living under one roof, the conduct of one party towards the other is always important in defining the respect and recognition that the family receives from others.
The judge said and directed that if there is a breach of the domestic peace due to an uncontrolled act of one of the parties, i.e. the husband, there should be no hesitation in giving practical enforcement of the order of protection by removing the husband from the house.