While the wife stated that her husband is unruly and harsh, her husband claimed that he is a very supportive father.
When a couple lives under one roof, the conduct of one party towards the other is always vital in defining the respect and recognition the family would get from others. If the domestic peace is disturbed due to an unruly act of one party, namely the husband, there need not be any hesitation in giving a practical enforcement for a protection order by removing the husband from the house, the Madras High Court has observed.
Justice R N Manjula, who made the observation recently, directed the husband, an industrialist, to leave his wife, an advocate, and their two children, and seek accommodation elsewhere.
According to the wife, she had filed a petition before a Family Court in Chennai to dissolve her marriage.
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During the pendency of the proceedings, she filed a petition for a direction to her husband to move out of her home in the interest and welfare of the children till the disposal of her petition for divorce.
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The family court, partly allowing her plea, directed the husband not to disturb the peaceful possession of the matrimonial home in any manner whatsoever, where his wife and children were living, till the disposal of the main petition. Aggrieved over this, the wife filed a revision petition.
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Allowing the petition, Justice Manjula said that since the marriage between the petitioner and her husband did not go well, the family became a battlefield. While the wife stated that her husband is unruly and harsh, her husband claimed that he is a very supportive father, and that his wife, being an advocate, has dragged him to court.
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The judge stated that though it is not appropriate to deal with the merits of the allegations made by them, some basic idea about the conduct of the parties is essential to decide the prayer sought in the petition.
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The judge noted that the couple has two children aged about 10 and 6 years. The husband’s abusive attitude will only disturb the children. It is not unusual for couples to live under the same roof despite their marriage losing its charm.
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But it is a completely different scenario in this case. If one party unfurls an unruly and aggressive attitude and creates an unreasonably adverse situation, the wife and her children cannot be compelled to live under constant fear and insecurity of the husband
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For a family living under one roof, the conduct of one party to the other is always vital in defining the respect and recognition the family would get from others.
If domestic peace is disturbed due to an 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, the judge said and gave the direction.
Source : The Quint
