Can the family court issue an order preventing a husband from entering the family home if the wife has already filed divorce and maintenance pleas at the rabbinical court ?By: דיאנה שאלתיאל•Published on: 09 May, 2022
Yes. A plea for an order preventing a husband from entering the family home is an independent plea , with its own grounds, and can be given by a family court, a magistrate’s court or a religious court. A woman who has filed for divorce and maintenance at the rabbinical court can file for an order preventing her husband from entering the family home at the family court. Great caution , however, must be taken regarding the wording to avoid it referring to ‘peaceful living’ . If not, this could complicate matters and lead to the family court lacking jurisdiction as the question of living might be regarded as part of the question of accommodation relating to the maintenance plea at the rabbinical court.