CHENNAI: Observing that if the removal of the husband from the home alone is the only way to ensure domestic peace, the Madras High Court ruled that the family courts need to pass such orders irrespective of the fact whether the respondent has or has no other accommodation of his own.
“If the domestic peace is disturbed due to the unruly act of one party, namely the husband, there need not be any hesitation in giving the practical enforcement for the protection order by removing the husband from the house, ” Justice RN Manjula ruled.
The court passed the order on disposing of a civil revision petition filed by a woman advocate. The advocate prayed for a direction to modify the order of a family court to remove her husband from the matrimonial house.
The judge directed the husband to vacate the house within two weeks or else the petitioner shall vacate him with the assistance of the police.
The court passed the order after the petitioner submitted that since she is an advocate, her husband often questions her whereabouts and uses filthy language at times when she comes home late due to her professional commitments.
The judge noted that according to the understanding of the respondent, an ideal mother is a woman who always stays at home and does only the household chores.
“If a woman chooses to be independent and do something more than being a housewife and if it is not taken well by her husband, that makes her life horrible by having its repercussions over her personal, familial and professional spheres,” Justice Manjula noted.
“Due to a lack of understanding and respect for the professional commitments of the petitioner, the respondent developed a hostile attitude towards her. His intolerance seems to be creating squabbles and troubles in the life of the parties,” the judge added.
The petitioner already filed a petition to dissolve the marriage before the family court and she further filed an additional affidavit to vacate him from the house as he often indulges in the violent act which disturbs the peace of the family as well as their two children.
However, the family court allowed the husband to reside in the house, but asked him not to disturb the peace. As his acts are continuing, the petitioner approached the High Court.