Injunction!
Querist :
Anonymous
(Querist) 21 January 2012
This query is : Resolved
City X:-
Wife is staying at her parents’ home in city X from 30 months.
A criminal case (498 –A) is under investigation which is lodged in the city X.
A maintenance case is in progress in the city X.
City Y:-
Husband resides in the city Y in Govt. accommodation.
A criminal proceeding is in progress 12 months against wife in the city Y where husband resides.
1. Can the wife attempt to enter into the house of husband in the city Y?
2. Is it necessary to go for the injunction order as per Jurisdiction of family court in the city Y –“a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship” in order to prevent wife to enter into husbands home in city Y?
Advocate. Arunagiri
(Expert) 21 January 2012
1. Yes she is having every right.
2. You can not get injunction against your wife preventing her to enter into the home.
prabhakar singh
(Expert) 21 January 2012
I agree with Mr. Arunagiri's opinion.Since she has statutory right to Shared House under D V Act,no injunction can be granted.
Advocate M.Bhadra
(Expert) 21 January 2012
In this situation no Injunction to be granted by the Family Court or District court to restrain the wife ingress there in,even she left matrimonial house and a case in pending against the husband.
Raj Kumar Makkad
(Expert) 21 January 2012
I have also similar opinion as expressed above.
V R SHROFF
(Expert) 22 January 2012
ANO should argue, Y House is not her matrimonial home, and is provided to Husband by Govt, to perform his official duty.
What criminal proceedings 4 last 12 months?? against wife at Y???
Let experts discuss.
Querist :
Anonymous
(Querist) 22 January 2012
The criminal proceeding u/s 324, 323, 34, 427 of IPC against the wife in city Y is in progress from 12 months.
Querist :
Anonymous
(Querist) 22 January 2012
Actually the said case was an attempt to murder the husband but the wife and her parents managed the police to the said section.
Shonee Kapoor
(Expert) 31 January 2012
Then you can file protest petition.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Querist :
Anonymous
(Querist) 02 February 2012
Protest petition after submission of the charge sheet is maintainable?
V R SHROFF
(Expert) 02 February 2012
Can't answer the query, sorry.
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