injunction

Querist : Anonymous (Querist) 25 February 2010 This query is : Resolved
whether a person can seek prohibitory and mandatory injucntion in civil suit against his/her spouse for restraining him/her from remarrying, during subsistence of 1st legal marriage? plz refer any case law also in this regard preferably from supreme court or pb. and hry. high court..

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A V Vishal (Expert) 25 February 2010
There is no requirement of any separate suit to seek injunction against the spouse to remarry during subsistence of the 1st marriage since it is a criminal offence to re-marry without divorce and a complaint of bigamy can be filed against the offender.

Querist : Anonymous (Querist) 25 February 2010
with due thanx 2 you sir, the spouse wants an injunction order, as he do not want 2 cry over split milk by filing a complaint u/s 494 ipc..besides this due 2 male ego in the conservative indian society spouse will not be interested even in prosecuting her wife 4 bigamy..so he is interested in injunction order

A V Vishal (Expert) 25 February 2010
In my opinion if sufficient evidence cannot be produced for the reason you are seeking injunction, the court will not admit such a petition.