null and void marriage guntur

Querist : Anonymous (Querist) 07 February 2011 This query is : Resolved
hi sir i have married a hindu women in the year 2007. in recent past i came to know that she was already married in the year 2005. it was love marriage. both were majors at that marriage time. when she is prepared for second marriage, first husband came to about second marriage immediately filed a Suit with IA for restraining her marrying me or any other person. In that suit i was also made pary. Accordingly III Additional Junior Civil Judge has granted a temporary injunction order restraining her not to marry me or any other person untill further orders. But girl refused injunction order and went with second marriage with me. I was not unaware of said injunction orders.
My doubt is that III Additional Junior Civil Judge is having power to grant temporary injucntion order under order 39 rules 1 and 2 of CPC 151 under prima facia.
thanking you sir.

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abhishek (Expert) 07 February 2011
YES
JUNIOR CIVIL JUDGE HAS POWER TO GRANT TEMP INJUNCTION

Kirti Kar Tripathi (Expert) 08 February 2011
Yes, The interim injunction is well within power of Civil Judge (Junior Division). Your marriage void under the provisions of Hindu marriage Act. It is also amounts to adulatory under the law.

Ganesh Chavan (Expert) 08 February 2011
Yes Abhishek Sir is Right III Additional Junior Civil Judge has Power to to grant temporary injucntion order under order 39 rules 1 and 2 of CPC 151.Temporary injunction to restrain the defendant from committing the breach of contract or injury complained, of, or any breach of contract or injury of a like kind arising out of the same contract or relating to the same property or right.

Amit Minocha (Expert) 08 February 2011
agree with experts, your marriage would not be a valid marriage otherwise also as no divorce has been obtained yet

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