Divorce and Injunctions in India

What is an Injunction?

A legal remedy granted by the Court to prohibit a party from committing any wrongful act or to stop if already begun is called an injunction. If a person does not comply with the order of injunction granted by a court, then, such person can face criminal/civil penalties or contempt of court.

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Meaning of an Injunction

The idea behind the injunction is to retain the status quo of the case till the court pronounces the judgment. Status quo means to keep the subject matter of the case as it is. Subject matter is the matter in dispute such as building, property, giving salaries, etc. It is necessary to keep the subject matter prevented from getting harmed or damaged by the activity of another party until it is disposed of by the Court. The court grants injunctions at any stage when an application is filed by the aggrieved party. Injunctions are governed by the Specific Relief Act of 1963 and the Code of Civil Procedure of 1908. For example: A company files a defamation case against another party for publishing false information about the company, potentially causing loss. To prevent the loss, the company may apply for an injunction order to prevent the other party from publishing false information until the final judgment is reached.

Requisites for Injunction Application

The following conditions must be satisfied for the court to grant an injunction-

• Prima Facie Case- The applicant must present a prima facie case supporting the plaintiff's right, demonstrating a bonafide dispute. The plaintiff must prove their case through evidence or witnesses and must present clean material facts. If suppressed, the plaintiff is not liable for relief.

• Balance of Convenience- The applicant must prove the balance of convenience in favor of the applicant, considering the potential mischief, hardship, or inconvenience if the injunction is refused, considering adequate damages.

• Irreparable Loss- The applicant must prove irreparable injury if an injunction is not granted, ensuring protection from the consequences of the injury. This injury is considered irreparable if there is no monetary standard for calculating damages, and cannot be adequately compensated by damages.

Types of Injunction

The following are the different types of injunction:

• Preliminary Injunction - A preliminary injunction or an ad-interim injunction, is granted by the court to the applicant before the trial begins.

• Preventive or Prohibitory Injunction - A preventive injunction is granted by the Court to abstain an individual from doing any wrongful act.

• Mandatory Injunction - A mandatory injunction is granted by the Court to rectify a wrongful act that has already occurred before the injunction is issued.

• Temporary Restraining Order - A temporary restraining order is granted by the court to retain the status quo of the subject matter in dispute till the final disposal of the case.

• Temporary Injunction - The court issues a temporary injunction for a set time or until the court issues its final decision. It is used where the victim needs immediate relief during a case and the court has not yet made its verdict.

• Perpetual Injunction - In India, a court may issue a perpetual injunction to prevent someone from doing anything permanently. A person is forever barred from performing specific acts when a permanent injunction is granted. It is approved by a court's final ruling.

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Grounds for Not Granting an Injunction

The following are the conditions under which a court will not grant an injunction- To restrain the other party from,

• Prosecuting pending judicial proceedings unless multiplicity increases.

• Filing complaints to a legislative body.

• Prosecuting or initiating criminal proceedings.

• Act causing damage to an applicant when the applicant indirectly consents, sometimes through silence.

• Unreasonable nuisance.

• The continuation of a wrongful act then must be compensated.

• Disentitlement from the court due to the applicant's conduct.

• When an applicant lacks personal interest in the subject matter.

What is a Suit for Injunction

Injunctions are a common legal remedy against third-party mischief, issued by civil courts for individuals, public bodies, or states. Disobedience can result in contempt of court. In India, the Specific Relief Act contains jurisdictional rules. Civil suits are effective legal remedies for aggrieved parties seeking restraint. Section 38 of the Specific Relief Act outlines the procedures for granting temporary injunctions in property disputes. These are granted when the property is in danger of being wasted, damaged, alienated, or sold wrongfully. The court may order a temporary injunction to restrain such actions until the suit's disposal or until further orders. In a lawsuit, a plaintiff can apply for a temporary injunction to prevent a defendant from committing a breach of contract or injury. The court may grant specific terms, and if disobeyed, the defendant's property may be attached and detained for up to six months. If disobedience continues, property may be sold and compensation will be awarded. Injunctions are granted at the court's discretion, as per Section 36 of the Specific Relief Act, 1963. A temporary injunction is granted if the plaintiff establishes a prima facie case, has an irreparable injury, has not been blameworthy, and the balance of convenience requires the injunction.

Stages Of Suit For Injunction:

In India, an injunction suit is a lengthy legal process that necessitates a written statement from the opposing party.

• The civil court trial process involves a plaint, written statement, rejoinder, identification of disputes, evidence submission, and decision-making.

• The plaintiff presents oral or documentary evidence, while the opposing party presents oral and documentary evidence.

• The court hears arguments and decides the matter.

• A decree or rejection of the suit is final.

The process is governed by the civil procedure code and the Indian Evidence Act.

Laws Regulating Civil Suits In India

The Civil Court assesses specific acts when judging a suit. The opposing party leads their evidence, including witnesses and documents. Cross-examination is a process where the counsel questions the witnesses' affidavits and displays related documents. After completing the evidence, the court hears arguments and adjudicates the case, framing the issue and applying the law. The court passes a judgment and a decree, which is the final adjudication of the dispute under the court's seal. The Indian legal system holds civil suits due to the role of lawyers in drafting, framing, presenting, and conducting them. Lawyers play a vital role in deciding the nature of the case and advising the court on legal conditions. They must also address interlocutory orders passed by the trial court.

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Why do you Need a Lawyer?

Injunctions are paramount legal remedies in civil cases, preventing wrongful acts and maintaining the status quo. In India, they are granted based on prima facie case, irreparable harm, and a balance of convenience. The process involves stages and legal experts for equitable resolution and protection of interests. For this, an experienced lawyer will help you obtain an injunction order and guide you through all the further procedures. You can also use LawRato's Free Legal Advice service to get free advice on your case from expert divorce/matrimonial lawyers.

Advocate Chikirsha Mohanty

Greater Kailash - 1, Delhi
5 years

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