Temporary injunction: meaning of contents
mrgop
(Querist) 26 June 2013
This query is : Resolved
Due to nuisance of son, mother filed for Injunction restraining her son from entering her own house. The temporary injunction which she got as immediate relief says:
"Restraining the respondent from trespassing and causing disturbances by bringing stray dogs and cats and feeding them in the plaints scheduled properties."
1) Does it restrain him even entering the house, or does it allow him still live in the house without causing disturbances by bringing and feeding stray animals?
2) What she want is unconditionally restrain him from even entering the house. Is it possbile with this temporary injunction?
3) He continues to live in the same house even after serving the injunction. What could she do in this regard?
Adv Archana Deshmukh
(Expert) 27 June 2013
If the son was already residing in the same house at the time of passing of TI order then, the no. 1 holds good. The mother can take action only if he brings the stray animals in the house, the court may parmanantly restrain him from entering in the house in the final judgment.
mrgop
(Querist) 27 June 2013
while passing the temporary injunction order, the son was residing in the same house which had been mentioned in the petition also. So, does it mean he can not enter the house now?
O. Mahalakshmi
(Expert) 27 June 2013
Injunction is void. File criminal case.
Raj Kumar Makkad
(Expert) 29 June 2013
If the son was residing in the same house prior to filing of the suit then he can still enter therein but cannot tresspass means cannot intervene in other parts of the house and the interpretation of animals and nuisance is clear
