A HUSBAND has claimed in court that his wife breached sworn undertakings over the use of an immersion switch in the family home.
In the case at the Family Law Court, the warring couple each have temporary protection orders against one another and have provided sworn undertakings in court over the use of their home’s immersion switch, which is to be left on during the day.
The couple are separated but continue to live with their children in the family home.
Solicitor for the husband, Lorraine O’Callaghan Daly, told Judge Alec Gabbett that “there have been breaches of the undertakings given to court in relation to the immersion switch”.
Ms O’Callaghan Daly told the court that her client “is adamant that when he goes out in the morning, the immersion is switched on and when he comes back in the evening, it is miraculously switched off and there is plenty of cold water, no hot water”.
In response, solicitor for the wife, Ronan Connolly, told the court that the immersion is not required as there is an electric shower in the ensuite bathroom attached to his client’s bedroom.
“That is exactly the point – my client needs the immersion because he has agreed not to go into your client’s bedroom by way of undertaking,” Ms O’Callaghan Daly responded.
Mr Connolly told Judge Gabbett that it is denied that there have been any breaches of the undertaking concerning the immersion switch.
Mr Connolly told the judge the husband has recently been convicted in the District Court for a breach of a protection order, “and they come into court to tell you about breaches?”
In the District Court in January, Judge Adrian Harris imposed a two-month suspended prison term on the man for the protection order breach arising from a shower row between the couple on the morning of a child’s Confirmation last May.
As part of the conditions attached to the suspended prison term, Judge Harris ordered the man not to enter his wife’s bedroom.
Ms O’Callaghan Daly told Judge Gabbett that her client is appealing the District Court conviction and a date is awaited for that.
Judge Gabbett previously commented that the row over the immersion switch “is very 1950s”.
Judge Gabbett asked how long more the couple plan living together, to which Ms O’Callaghan Daly stated that “we are taking certain steps in two weeks time which may assist – other than that we are awaiting a case progression hearing (in the Circuit Court)”.
Judge Gabbett adjourned the hearing of the case concerning the alleged breach concerning the immersion to May.
