mandatory injunction to restrain from marriage.
uday galbale
(Querist) 31 January 2014
This query is : Resolved
Dear experts... plaintiff and defendant were living adjacent to each other. and both got into intimacy of love and when the defendant promised with the plaintiff to get marry with her the plaintiff given consent for sexual intercourse and out of that relationship the plaintiff became pregnant but then the defendant refused to marry with her. then the plaintiff had lodged a complaint with the p.s.o. and the crime was registered u\s 376. during the investigation the p.s.o. obtained the D.N.A. samples and sent for analysis. the defendant was arrested and released on bail. now the baby is born and the D.N.A. report is also match but the defendant refusing to get marry with the plaintiff. And now he is going to get marry with some another girl. In that situation the plaintiff has filed a suit for mandatory injunction directing defendant not to marry with other girl except plaintiff and T.I. also sought. But at the time of hearing the court has raised a question that why a specific performance of contract was not filed and in absence no such injunction is granted. the plaintiff and defendant are Hindus and there relationship was not a contract again the they were not cohabited so there were not a live in relationship also. in that situation how a suit for mandatory injunction be made maintainable..... please suggest me if any case law and relating provisions... The lady and myself would be obliged to you........
Devajyoti Barman
(Expert) 01 February 2014
Sorry no such injunction can be passed as for committing rape he can be punished but lawfully forced to marry the victim girl.
however YOU MAY INFORM THE PROSPECTIVE BRIDE ABOUT HIS CRIME SJ SHE MAY NOT BE CHEATED ABOUT HIS TRUE IDENTITY.
Rajendra K Goyal
(Expert) 01 February 2014
Injection can be granted is doubtful in the given circumstances. The maintenance rights for the child from the father should be claimed.
Advocate. Arunagiri
(Expert) 01 February 2014
The boy and girl had lived for a few hours or minutes, out of their relationship, had a baby also, so, it is a deemed marriage.
So, the court can grant injunction against the another marriage of the boy.
R.K Nanda
(Expert) 01 February 2014
NOTHING TO ADD MORE.
R.K Nanda
(Expert) 01 February 2014
NOTHING TO ADD MORE.
uday galbale
(Querist) 01 February 2014
Thanks Experts....
Again i would like to ask respected Advocate Arun Giri sir.... sir your suggestion is close favourable with the case so will you please suggest a relevant case law if any and provisions..... Thanking You....
uday galbale
(Querist) 01 February 2014
Thanks Experts....
Again i would like to ask respected Advocate Arun Giri sir.... sir your suggestion is close favourable with the case so will you please suggest a relevant case law if any and provisions..... Thanking You....
Advocate. Arunagiri
(Expert) 01 February 2014
Mr.Uday,
I am providing more information on my stand. If this is a real case pending in the court, I can provide more info.
DV Act S.
2 (f) "domestic relationship" means a relationship between two persons who live or have, at any point of time, lived together in a shared household, when they are related by consanguinity, marriage, or through a relationship in the nature of marriage, adoption or are family members living together as a joint family;
Read - at any point of time, through a relationship in the nature of marriage.
In your case, based on the promise of marriage, the girl had sex with the boy and got pregnant. For the purpose of having sex, they would have lived together for some time.
So, as per the DV act and Supreme court, they lived together as husband and wife, at the point of having sex.
According to the Supreme Court Bench, a ‘relationship in the nature of marriage' is akin to a common law marriage.
Devajyoti Barman
(Expert) 02 February 2014
But the parties dis not stay like husband and marry.
It was mere sex on false promise of marriage.
I do not think they would be treated as deemed husband and wife in the light of the said decision of SC.
T. Kalaiselvan, Advocate
(Expert) 03 February 2014
The consensual sex on the basis of promise of marriage can be defined as contract between both, therefore the court has rightly pointed out about the absence of a suit for specific performance of contract on that basis. Thus, as per the author, if the court has declined grant of injunction on that grounds, the suit may be amended accordingly (?), do I make some sense, if not I request experts to ignore my opinion. I endorse learned Advocate Mr. Arunagiri's opinion on the subject issue.
Advocate. Arunagiri
(Expert) 04 February 2014
Mr.Kalaiselvan, thank you for endorsing my opinion, in this subject.
Mr.Barman, The act and SC says, " relationship in the nature of marriage" is equal to common law marriage.
I am of the opinion that in view of the act and SC, it is very clear, on the promise of marriage, having sex, and for the purpose of having sex, they would have lived together for a while, is equal to common law marriage.
uday galbale
(Querist) 04 February 2014
Respected experts thank you very much for a valuable guidelines... again thanks lot to respected Advocate Arun Giri sir, the way you shown locate me the goal that i got
ad-interim Ex-parte relief against defendant......
uday galbale
(Querist) 04 February 2014
Respected experts thank you very much for a valuable guidelines... again thanks lot to respected Advocate Arun Giri sir, the way you shown locate me the goal that i got
ad-interim Ex-parte relief against defendant......
