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Manu Joshi (Manager)     17 November 2012

Restraining order @ 498 and dv

 My wife has already filed a 498 and DV against me in haryana(gurgaon) and prior to that i had filed a HMA divorce case in UP (ghaziabad)...i have been to jail for 18 days last year :) but want to inquire if i can have a restraining order against her so that she can not even THINK of coming near me, wherever i am located....i dont want to see her face...except in the court of course. Please advise.



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 4 Replies

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     17 November 2012

Dear manu You can contact personally or over the phone

Sanjeev (Lawyer)     17 November 2012

why would she come near you when she has filed cases... there is no such restraining order you can get

rahul (director)     17 November 2012

Lawyer is making you fool and earn money from you... no such order is available.

ANAMIKA VICHARE (LAWYER)     25 November 2012

There is one case law of Supreme Court.   I am unable to get it, but you can seek injunction order against her that she should not contct you over phone or visit you wherever you are located.....You can file this application where you hve filed divorce petition.  Make a proper application alongwith the affidavit and try to find out this case law.   The court shall not have any probrlem to pass such order... only injunction is not possible that is evicting the wife out of the house or restraining her entry in the matrimonial house.....

I had taken INjunction Order against the wife restraining her entry in the house only because she stabbed her husxband brutally.... otherwise injunction restraining wifes entry in matrimonial house is impossible....

Anamika Vichare, Practising lawyer, Family Court, Bandra, Thane, High Court, Sesssions Court, MM Courts

anamika_vichare@rediffmail.com


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