MANKU (EXECUTIVE) 12 March 2016

Injunction in Matrimonial matters.

Experts, A very unique case and your suggestions are earnestly solicited. Ex wife continue to reside in my house despite divorce affirmed by High Court. Now my lawyer has suggested an eviction suit to be filed with a prayer for temporary/mandatory injunction . Now that as she is in that house will injunction serve any purpose or the judge will direct her to not to reside till final disposal of the case. As eviction case takes a long time an interim injunction would be helpful but your guidance , suggestions will be of great help in how to go ahead with the case. Regards.

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6 Replies

KS Johal 12 March 2016

Has the divorce taken place or will take place soon? if the divorce has already taken please then the eviction notice would be sufficient. If the divorce has not taken please or is likely to be given then the injunction will not be sufficient. The question is for what purpose are you seeking an injunction?

MANKU (EXECUTIVE) 12 March 2016

The divorce has already taken place but she is occupying the house. Please advise further.

saravanan s (legal advisor) 12 March 2016

you got to first issue her a notice to leave the premises within a specified time frame and if she doesnt abide then you got to evict her only through the court. also you can also file a criminal case for criminal trespassing against her

SAINATH DEVALLA (LEGAL CONSULTANT) 12 March 2016

Mention the date of the affirmed HC order.Wait till the limitation period is exausted in the bench and in the SC also, then proceed legally.

This is my oopinion.

SAINATH DEVALLA (LEGAL CONSULTANT) 13 March 2016

Mr Halalcut,

U say U R a student of law and Cooking. Whatever U advice to a needy querist should add value to the query.I presume U are new here and U have to restrain urself with such kind of suggestions,orelse the admin of LCI may delete UR account for irresponsible replies.There is a procedure involved for every legal aspect and it has to be adhered to.

MANKU (EXECUTIVE) 13 March 2016

Thank you all, We need to do everything legally that's why inspite of facing all the hell running from pillar to post for getting legal advice and LCI has been a blessing. Regards.