• HC: Couple can live in same house, separately
    Times of India | 5 November 2024
  • 123 Kolkata: The Calcutta High Court on Monday allowed a school teacher from Narayanpur near Rajarjat-Gopalpur to stay in his ancestral house after he moved court complaining his wife had forcibly driven him out. The petitioner also complained that she had taken away all his documents, including PAN and Aadhaar cards that were in his house while he was in custody following a domestic violence complaint.

    The petitioner submitted that the wife and her brother drove him out of his ancestral house — where the wife is currently staying — when he came home after the court granted him bail. The petitioner also submitted receipts of the maintenance money he had been giving to his wife as ordered by the judicial magistrate.

    Justice Amrita Sinha asked the petitioner how many rooms there were in the house. The counsel for the petitioner submitted that there were three bedrooms, of which, one had been put on rent by the wife. There were also a kitchen, a toilet and two separate entrances to the house.

    The counsel for the wife submitted several orders of the subordinate courts ensuring protection of the wife and the couple's minor daughter. The counsel, however, also submitted that the wife had no objection to the petitioner getting access to the house provided the court guaranteed protection for her and her child.

    Justice Sinha, while taking note of the litigations, ordered the petitioner, and his wife and daughter to use one room each of the available two and use the two separate entrances. Justice Sinha also directed the wife to submit a list of her husband's documents lying with her to the Narayanpur PS and directed the inspector-in-charge to take steps to recover the documents.

    Justice Sinha fixed the matter for the next hearing on Nov 18, 2024, to find out if the living arrangement worked or not. The court also directed the Narayanpur police to submit a report on the steps taken on the next hearing date.
  • Link to this news (Times of India)