Injunction can not be granted to restrain wife from entering her matrimonial house when proceeding under domestic Act is pending
Protection of Women from Domestic Violence Act, 2005 - Section 17 - Shared Household - The right conferred on the wife for residence cannot be defeated by granting an order of injunction restraining her from entering into the shared household. The Civil Court or Family Court could not grant such an injunction, so long as the right of the wife is either admitted or proved or not disputed. Even if a dispute arises as to the right of the wife in the shared household, normally, the Courts would be reluctant to grant an injunction restraining the wife from entering into the house (the shared household) unless it is established that there is no domestic relationship or that the house in question is not a shared household.
VENUGOPALAN v JAYASREE V.NAIR
Decided on;17-7-2012
Citation;2012(4)crimes 348 kerala
https://www.lawweb.in/2012/12/injunction-can-not-be-granted-to.html
