Domestic violence: court asks man to provide separate house to wife

It modifies interim order of Magistrate Court

Modifying a Magistrate Court order asking a man to vacate his residence, a Delhi court has directed him to provide an alternative accommodation to his estranged wife in a domestic violence case.

Additional Sessions Judge Sudesh Kumar modified the interim order of the Magistrate Court while hearing an appeal by the woman’s husband.

The Magistrate had passed the order on a submission by the woman that she and her children were living in the shared house under constant apprehension of violence by her husband.

Counsel for the man rebutted the charge in the appeal submitting that there was not a single conclusive finding in the entire impugned order (passed by the Magistrate) of any act of violence having been committed by the appellant either upon his wife or upon the children.

However, the couple later reached an agreement in the appeal court by which the woman agreed to live in an alternative accommodation to be provided by her husband. Her husband also agreed to bear her expenses as well as those of the children.

“In the facts and circumstances of the case, appellant is hereby directed to provide an alternative accommodation to respondent/wife and her children in the same locality which shall be similar to the shared household with similar facilities at the earliest, preferably within one week from the date of order and also to continue paying ₹50,000 per month towards the expenses along with all expenses towards children as already undertaken by him till further orders,” the judge said.

“The impugned order passed by Metropolitan Magistrate accordingly stands modified to the same extent. In case, however, any dispute arises in the course of providing alternative accommodation, both parties will be at liberty to approach the trial court which shall pass appropriate order after considering the facts and circumstances,” the judge further said.

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