Injubction from in-laws
rajiv_lodha
(Querist) 22 February 2012
This query is : Resolved
Husband fighting divorce case (cruelty) against wife. Wife now staying with her parents in different city. Husband goes for job 40Km away from his house. He is anticipating some ACTION from inlaws side at his workplace. In fact he received 2-3 threatening letters (anonymous, typed) at his workplace by post.
Can he seek Civil Injunction against the wife & BILs?
prabhakar singh
(Expert) 22 February 2012
But will you please disclose what that THREATENING is???????
Any suit can be filed only when some cause of action has arisen.
Letters which you mention to be anonymous can not afford cause of action against his in laws.
The remedy seems to be to inform police about the development.
Raj Kumar Makkad
(Expert) 22 February 2012
None can be stopped merely on presumption but it shall be better to physically and mentally prepare your staff to face such eventuality and reply accordingly if such thing happens. Help of police shall also be better.
Adv.R.P.Chugh
(Expert) 22 February 2012
Injunctions are not granted as a matter of course - a good case is to be made out for it...and the apprehension that you have should be able to appreciated by the court in an objective manner....You've not made clear what is your apprehension. But you can start by letting the higher police authorities know about your apprehension.
Kiran Kumar
(Expert) 22 February 2012
this is not a case for grant of injunction...in case there is any threat to your life and liberty then make a complaint with the police, hand over the concerned letters to the police.
if no action is taken then may approach HC for transfer of matter to some other district because of threat to you...but make sure, you must have something concrete to support your case...frivolous petition may invite imposition of heavy costs upon you.
rajiv_lodha
(Querist) 23 February 2012
Thanx all 4 guidance, i know such letters are not sufficient to successfully take injunction!
But at what stage such case FALLS DOWN? I mean to say --- Is it possible that case fails at ADMISSION stage?
OR
Summons will be issued to respondents to start with, then case may be dismissed due to lack of concrete grounds?
Shonee Kapoor
(Expert) 24 February 2012
There is a judgement from Delhi HC where the wife is restrained from writing letters to the employer.
There is also a judgement from P&H HC where the Hon'ble HC has held that wife can not ask for dismissal of her husband because a case is pending against her and has restrained her from sending such letters in future.
But sadly both these judgements are on the fact that some ACTION has been done by wife.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
Shonee Kapoor
(Expert) 24 February 2012
However injunction as I understand can be granted on threats itself.
There is no harm in trying. The success though is not guaranteed
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
AAK
(Expert) 24 February 2012
your second question:
you can file suit. suit will be admitted. summons will also be served. after hearing only the court will decide the matter. (court may in its discretion can also gran exparte injucntion order)
prabhakar singh
(Expert) 24 February 2012
@Mr.Shonee !
The letters are told to be though threatening but those are anonymous.
That is why opinion to go to police is correct.
@author : rajiv_lodha
If you choose to file the suit on the basis of those anonymous letters no body can stop you,not even court,though its duty is to look into if proposed suit discloses a cause of action or not,but after service of notice any good lawyer from opposite side shall move an application for rejection of plaint on ground that plaint does not disclose any cause of action as they are not written by them.
rajiv_lodha
(Querist) 25 February 2012
Dear Prabhakar!
Got direction from all experts replies. Last thing to be cleared---- How much are the chances of its bouncing back-- i mean 2 say imposition of penalty on me for filing something without cause of action!
Shonee Kapoor
(Expert) 26 February 2012
The chances of imposition of penalty is very low, if you can produce the letters.
Regards,
Shonee Kapoor
harassed.by.498a@gmail.com
