Does`appearance in person before magistrate or judge necessary to file injunction suit(civil suit)
dipankar
(Querist) 17 February 2011
This query is : Resolved
Dear experts I want to file injunction suit against my wife and inlaws(As my father in law is forcibly remarrying my wife because we secretly married and he has strong objections to it.My wife has also given consent to this also.)I have all supporting documents like marriage photo, witness,priests certificate to prove my marriage.
Now I have already lodged a case U/S 9 of hindu marriage act in Jharkhand. My permanent residence is in west Bengal.Now my lawyer in west Bengal has suggested me to file an Injunction suit against her.
But my question is he has adviced me that as I am living in pune he will file the case from Bengal on my behalf but my appearance in person will be not required.befoe judge In court to file injunction civil suit.Please note that I have file section 9 in Jharkhand whereas`I am filing this in Bengal. Will any complications arise. Is it possible or he is bluffing me.
Devajyoti Barman
(Expert) 17 February 2011
First of all if your wife has already been then such suit would be a mere futlity and for no purpose at all. The defects of remarriage without legal sanction runs with it for which you need not file a suit for injuncton.
Without knowing all the details it would not be proper to say whether such suit would give rise to complications.
SANJAY GUPTA
(Expert) 18 February 2011
Agree with Mr. Barman
M V Gupta
(Expert) 18 February 2011
you are living in Pune and your wife is in Jarkhand. How the proposed suit for injunction can be filed in W. Bengal? It should be filed in Jharkhand where your wife resides with her parents.The suit should be filed not only against ur wife but also against her parents who are forcing her to marry while her first marriage with u is subsisting.
