A SUIT FOR MANDATORY INJUCTION FILED BY HUSBAND

Sir thankyou for raising this query in the right language i am looking for an answer to the same could some seniors please respond to this query.

How can this be maintainable

Sir,

wife has assaulted totalling 8 times 2 nc have been registered and even death threat has been given in writing.  over e-mail. Threats in person in front of witness to break limbs, hands and cut head off by father-in-law 

I am writing here but i live in constant fear. Wife is living seperate and has filed in court crpc125+DV "I am living as a refugee in my father's house" therefore she is not living with me and wants injuction for me under DV. 

Suit for mandatory injunction !   Suit is not at all maintainable.  You take the defence regarding the maintainability  of the suit in your written statement and also file an application to hear the issue " maintainability of the suit" as preliminary issue.

Not at all possible.

please inform whether any divorce petition is filed?  how long living separately ?

any application filed under conjucal rights?

Divorce not filed waiting for desertion period though can be filed under cruelity but want to file with both. no conjunal rights filed by anyone.

NEED SOME CASE LAWS PLS HELD.!!!!!!!!!

PLEASE GIVE LATEST CASE LAWS REGARDING THE GIVEN BELOW QUERY:::

WHETHER FOLLOWING SUIT IS MAINTAINABLE OR NOT????

A SUIT BY HUSBAND AGAINST HIS WIFE U/S 39 OF SPECIFIC RELIEF ACT FOR MANDATORY INJUCTION DIRECTING HIS WIFE TO GET BACK HER DOWRY ARTICLES BY ISSUING VALID RECIEIPT TO HER ( WHO IS ALREADY LIVING SEPERATELY WITH CHILDREN) DUE TO MATRIMONIAL DISPUTE.

Though the suit is maintainable as it is a suit for civil nature,however,the relief claimed re:return of property to wife does not fall within ambit of sec.39 of SRAct ,at the most the court can grant injunction against wastage of the property.The pltff.must have v alued the property and must have paid courtfees accordingly and so the suit is for recovery of property of a woman.However,this relief could also be claimed under sefc.27 of the HMAct in the suit of divorce.

yes a suit for mandatory injunction can be filed by a husband against the wife for return of dowry articles. the reasoning behind is that  relation between the husband and wife is base don mutual affection and trust. so the husband is the custodian of these article. As of now as there is no mutual trust between the parties one can as the other to take back her dowry articles. rather it is a strategically also good as its save you from 406 
IPC and shows your bonafide in 498A case.

In a suit for prohibitory injunction defeant is prohibited from doing a particular thing in a particular manner, on the other hand, in a suit for manddatory injunction, deendant is commanded to do to an act or a thing - such command may direct performance of positive act altering exisiting state of things ---like preventive injuctions, mandatory injunction, may be temporary or final 2004 (5) Supreme 1 : 2004 (5) JT 72

shankar amshala

adv