how to know about injunction order

Querist : Anonymous (Querist) 01 October 2010 This query is : Resolved
A's wife has filed maintenance case. Is there any possibility to know that if any injunction order has been passed to prevent the sale of flat of A ( self acquired) to a third party?
is it possible to get such order passed without the knowledge of A ?
how to confirm that such order has been passed or not?

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Devajyoti Barman (Expert) 02 October 2010
Unless the wife has a share in the property, the claim for maintenance does not entitle her to file any case for injunction.
Still to know anything in that respect, one has to cause searches in the probable courts where such suit could be filed. If nothing is filed as yet then he could file Caveat so no ex parte interim order is passed.

Kiran Kumar (Expert) 02 October 2010
I agree with Mr. Barman.

Advocate. Arunagiri (Expert) 02 October 2010
Civil courts grant ad interim injunction. As per the CPC, the plaintiff has to communicate the details of the ad interim injunction to the defendant / respondent along with the documents. The compliance report has to be filed before the court on the very next day.
Once you get the summon from the party/court you can get the certified copy of the order.
Ex parte final orders are possible once the notice is returned with an endorsement “refused to accept the Registered post”.
Before passing the ex parte order the court will record the findings that the notice or proclamation was made and the defendant had not appeared.

Kirti Kar Tripathi (Expert) 02 October 2010
I also agree with Mr.Barman

s.subramanian (Expert) 02 October 2010
I agree with the above views partly. When a suit for maintenance is filed,the wife seeks creation of a charge over the properties of the husband for the sue payment of the future maintenance. It is permissible in law. If the husband is attempting to alienate the properties to deceive and deprive the wife of the payment of maintenance,the wife has the right to bring to the notice of the court and seek injunction restraining alienation under Order 39 Rule 1 Cpc.The wife need not be a co owner in the properties for seeking such a relief at all. Her right to claim maintenance would suffice. The court can also grant such an order ex parte. You have to find out from the court records if there is any such order if you have not been served the same from court.

adv. rajeev ( rajoo ) (Expert) 02 October 2010
wife cannot seek her share in the husband's property during the life of her husband but she can take in the injunction order as not to alienate. You verify the suit register in the court office there you will come to know the case number on that basis you can know the order.

adv. rajeev ( rajoo ) (Expert) 02 October 2010
after the injunction order is passed court directs the plaintiff to comply with the order u/o 39 r 3 when plaintiff complies the order by sending IA copy to the defendant by regd., post defendant will come to know that IA is filed but only after receipt of the summons and IA notices from the court defendant will come to know about the order. So if you are in hurry do as I told above.

Uma parameswaran (Expert) 02 October 2010
Wife can file under O 39 R 1 petition if her right is deprived .