Wife seeking injunction to restrain husband from second marriage
amit
(Querist) 17 December 2013
This query is : Resolved
Wife file a petition U/S 9 of H.M.A. for restitution of conjugal rights.
Along with petition she also file an application under order 39 rule 1 & 2 R/W section 94 and 151 of C.P.C. seeking temporary injunction to restrain husband to marry other woman.
My question is –
Can an injunction petition under order 39 rule 1 & 2 of C.P.C. be file in proceeding under H.M.A. ?
Can a court grant an injunction in favour of wife though second marriage without dissolution of first marriage is an offence ?
Sudhir Kumar, Advocate
(Expert) 18 December 2013
in any way second marriage (before divorce) is illegal and restrain order can be passed. even if not passed the retain is still there.
after divorce there is no justification fof such restrain to continue.
V R SHROFF
(Expert) 18 December 2013
this will be over and above provision of law.
Restriction/ inj apply as on today.
u may lodge Police Compl for apprehension of crime. So police can call him, and do needful
Rajendra K Goyal
(Expert) 18 December 2013
No need of seeking temporary injunction to restrain husband to marry other woman. It is illegal till divorce is allowed.
ajay sethi
(Expert) 18 December 2013
agree with experts .
T. Kalaiselvan, Advocate
(Expert) 18 December 2013
The fact that the second marriage during the subsistence of first is illegal is a concept very well known to everyone so the judge in the court may not entertain an application seeking the desired injunction. It is nothing but multiplicity of proceedings and a dilatory tactics.
amit
(Querist) 18 December 2013
thank u very much

Guest
(Expert) 10 December 2014
Well attended
Anirudh
(Expert) 10 December 2014
SHAME ON THIS FELLOW TO ATTEND THIS ELEVEN MONTHS OLD QUERY.
HE IS TRYING ALL THESE GIMMICS TO HIDE HIS FALSE AND FRADULENT PROFILE.
This fellow cannot even be a last person one can consult for any advice.
This fellow is good for nothing. Many a times he gives advices which are not supported by law.
TAKE THIS FELLOWS FALSITY IN HIS PROFILE. THIS FELLOW ATTACHES MORE IMPORTANCE TO THE PROFILE, WHILE HE IS FILLING UP TOTAL FALSE HOOD IN HIS PROFILE.
please visit the following link:
http://www.lawyersclubindia.com/lawyers_search/N-J-S-Rajkumar-alias-narasimha-254519.asp#.VIcRwmeHPFx
where he claims that he is practising from 2001, while as already indicated by me, he was enrolled only in the year 2012!!! CAN ANYBODY PRACTICE BEFORE ENROLMENT? IF ONE DOES SUCH A PRACTICE IS HE NOT FIT TO BE CALLED A "FRAUD"?
N.J.S.Rajkumar alias narasimha's Details
Listed Under
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Practicing Since
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Address
54,PARASURAMA EASWARAN KOIL WEST MADA STREET,AYANAVARAM,CHENNAI 600023
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rajkumar_wins@rediffmail.com 9444036927
Therefore, before taking advice, the querist should be too careful