Section 94 of cpc

md.shafi (Querist) 19 April 2012 This query is : Resolved
in between husband wife some problem started and wife left her mother's home, wife filed police complaint alleging adultry (without any evidence or proof) subcequently husband filed divorce petition on the ground Cruelty thereafter wife’s mother filed a suit against husband that he (husband) is trying alienate his properties without settling any ting to his daughter and grand son and seek permanent injunction and interim injunction under O. 39 R. 1 & 2 R/W. sec 94 (e) of c.p. c.
I am he respondent in this case
Whether the suit is maintainable
Whether the suit is maintainable - can wife’s mother file a suit instead of wife (when the wife is available)
All the properties are not comes within the jurisdiction of court where the suit filed now
Commend and any judgments pls
Thank you

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Devajyoti Barman (Expert) 19 April 2012
The suit is hopelessly non maintainable having disclosing no cause of action.
File a petition for rejection of plaint under order 7 rule 11 cpc.

ajay sethi (Expert) 19 April 2012
has the mother filed the suit as power of attorney holder on behalf of her daughter?

Adv.R.P.Chugh (Expert) 19 April 2012
Dear Mr.Shafi,

1. Hopelessly misconceived.

2. No suit under Ord.39 R 1 & 2 r/w 94 - it is only an application that is filed in an already existing suit to protect the subject matter of the suit from being sold off/alienated etc.

3. Leave alone MIL - the girl has no semblance of a prima facie so as to enable her to obtain a stay over the self acquired property of her husband. She can claim to stay in a matrimonial home, but can't obtain blanket injunction stripping husband of right to deal with his properties as he likes.

Feel free to talk !