Law of injunctions

Querist : Anonymous (Querist) 25 January 2012 This query is : Resolved
filed a Suit in III additional junior civil court along with IA to stop marriage untill further orders. Court granted order according to
Order 39 rules 1 and 2 of cpc 151.
though injunction order was in force marriage was performed. that marriage is valid or void under law when injunction is in force?

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ajay sethi (Expert) 25 January 2012
why was an order sought to stop marraige? is it your case that it was a second marriage?

if contrary to orders passed by court marriage has been performed then the party violating court order would be guilty of contempt of court . till order is passed setting aside marraige it would be valid

M/s. Y-not legal services (Expert) 25 January 2012
its clear case to null and void..

but whether have you served the injunction order before marriage?

if you served properly mean you can challenge it., unless you dont have any case..

-tom-

Devajyoti Barman (Expert) 25 January 2012
Whether injunction order is there or not, second marriage without obtaining divorce for the first one is void anyway.

Raj Kumar Makkad (Expert) 26 January 2012
This query is more humanitarian then legal. court shall have to take this matter into consideration while passing any order. Strict law cannot be applied in such maters. Liberty shall be applied within the limits of relevant facts from both sides in consonance with the general law of land.

prabhakar singh (Expert) 28 January 2012
There are two aspects of your query.

If suit claimed to restrain defendant on the ground that defendant is marrying second time during life time of spouse then injunction order, served or not, the second marriage is VOID ILLEGAL AND A NULLITY.

BUT in case the suit sought injunction on some other ground, then only if injunction order was served upon defendant,then the party violating court order would be guilty of contempt of court. BUT marriage itself can not be void only because of its' performance done in breach of injunction order.

Advocate. Arunagiri (Expert) 28 January 2012
You can initiate case for contempt, but the marriage can not be declared as null and void.

V R SHROFF (Expert) 28 January 2012
Why Query don't disclose facts (of second marriage? or engagement broken etc)why court passed such order?
What of child born of this relationship/ marriage??
will increase complications.
Which court, Let us go thru Court Judgement & Order to advise properly. We are imagining Second Marriage, and in that case this is null & Void Marriage.

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