Wife posing as 3rd party and doing contempt when injunction against husband

PLD (Querist) 21 April 2012 This query is : Resolved
Dear Sirs,

We obtained an injunction against a person, his associates, dealers & others from using our brand name, from our City Civil Court in 2008. He continue to put appearance but did not contest. Lastly, the temporary order was made absolute till disposal of suit in 2009.

Few days ago, we have received an interim order from District judge of another city, another state, filed by his wife & her proprietary firm against us. It injuncts us from using our brand name.

She has mentioned nothing at all regarding the orders and/or cases in our city civil court. She has also opposed our brand's TM registration in the Registry and submitted an affidavit there that she & her proprietorship firm are 3rd parties and have no concern with any injunction on her husband and his associates.

It is pertinent to mention that her husband is the Power of Attorney holder for herself and her proprietorship firm. We have evidence for that.

We are surprised and shall fight the case in her District Court. But we want to know the following :

1. Can her District Court entertain this case given case pending here with subsisting order against her husband?

2. Should be proceed with contempt case in our city against her & her husband now that she has admitted in her suit about working with our brand name? Will such contempt hold since order is also upon his associates.

3. What application needs to be filed at her district court for dismissal of suit if there is lack of jurisdiction?

4. Do we need to file a fresh case upon her proprietorship firm and her in our city or the old case is good enough?

Thank you for your help!

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ajay sethi (Expert) 21 April 2012
you have to make an application in district court wherein injunction has been obtained by wife to the facts of the case . you have to mention that wife has deliberately surpessed fact sand come to court with clean hands . court will vacate the injunction .

Devajyoti Barman (Expert) 21 April 2012
1. No. File a petition u/s 10 of CPC to stay the subsequent suit till disposal of the first one.
2. Yes
3. section 10 CPC.
4. Apply of addition of party under Order 1 Rule 10 of CPC in your pending suit.