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Zuniee (Engineer)     17 November 2014

How to fight suit for injuction in family court

Respected Sir.. 

 

In my battle with #fakecases Miss #498A has filed Suit for Injunction in Family court (Rule 7 of CPC 142 - Which I couldn't find yet, neither any proper reference material) .. Its a complete copy DV & 498A petition. In prayer section she asking for 

1. A decree for injunction restraining the defendant (i:e me & she made her self as Plaintiff) defendent from marrying the second wife may kindly granted 

2. Cost of the suit may be awarded 


Background : In my remote corner of mind I'm not thinking about marriage this life time and probably next life as well ..

Chor party has tried all way to compromise, gunda giri  etc but I'm fighting #498A and DV with all your help and guidance


My questions 

1) Has anygone through similar situation ? your experience please 

2) can any one think why chortparty has filed such thing (is it a party of Long-term strategy) 

3) Should I just ignore & let court order the decree 

4) Should I fight and get it cancelled or fight it as its not maintainable (bcoz if it applied to me then it applies to her) 

 

Thanks!



Learning

 7 Replies

Adv. Chandrasekhar (Advocate)     17 November 2014

Your post is very interesting.  May I know to  which religion you belong? 

Zuniee (Engineer)     17 November 2014

"Hindu"  -- Forgot to mention it ..

Adv. Chandrasekhar (Advocate)     17 November 2014

I have got a good belly laugh after a long time.  You also file an application against that 'chor party' that an injunction shall be passed against her to remarry (do not mention during the pendency of proceedings) in the interest of equity and get a good laugh yourself during the proceedings.

T. Kalaiselvan, Advocate (Advocate)     18 November 2014

Your query is very vague and incomplete.  In the absence of details or contradicting information, no proper opinion can be rendered. One side you are referring to the pending DV case and 498A case, he other side you are talking about a pending civil case for which you have quoted some irrelevant provision of law.  Further more instead seeking advise to tackle your problem and suggestions to come out of the crisis, you are asking somebody to share his experience.  Others problems may be identical but the solution cannot be expected to compatible, in fact they will be misguiding to your issue. therefore first you clarify yourself and then come out the a query after understanding fully about what you want to ask here.

Zuniee (Engineer)     20 November 2014

@Chandrashekar Sir,  Thank you very much for you response, I'm not able to Find what is Rule 7 of CPC 142, or CPC 142 itself. Further to your response may I ask you this >> Should I contest this case or not <<

@T. Kalaiselven Sir, really sorry that I have not framed question in easily understandable way

My question Miss 498a (my so called Wife) has filed in suit for injunction in family asking court to issue order to me saying I should not marry second wife (My say is why should I get marry when I'm fighting my DV & #498a ) Hence, question aroused to me is Should I fight this case or just leave it.

Sincerely Thanking you for your time and guidance

Adv. Chandrasekhar (Advocate)     20 November 2014

For me, it appears that it is a suit under Section 7 of the Family Court Act.  In family court Act, such kind of suit is permssible in the religion of the respondent allows bigamy / polygamy, but not for Hindus, for the reason that the second marriage while subsistence of first marriage is void ab initio.  Hence, such suit will be dismissed as maintainable.  But if you want to get kick of it and you are in a financially sound position, then go and contest the case for suit's dismissal or alternatively imposing the same restraint on the plaintiff (wife), i.e.,   she should not marry again, also in the interest of equity.  I also reproduce Section 7 of the Family Court Act for your easy understanding:

7. Jurisdiction.—(1) Subject to the other provisions of this Act, a Family Court shall—

 

(a)

have and exercise all the jurisdiction exercisable by any district court or any subordinate civil court under any law for the time being in force in respect of suits and proceedings of the nature referred to in the explanation; and

(b)

be deemed, for the purposes of exercising such jurisdiction under such law, to be a district court or, as the case may be, such subordinate civil court for the area to which the jurisdiction of the Family Court extends.

Explanation.—The suits and proceedings referred to in this sub-section are suits and proceedings of the following nature, namely:—

 

(a)

a suit or proceeding between the parties to a marriage for a decree of nullity of marriage (declaring the marriage to be null and void or, as the case may be, annulling the marriage) or restitution of conjugal rights or judicial separation or dissolution of marriage;

(b)

a suit or proceeding for a declaration as to the validity of a marriage or as to the matrimonial status of any person;

(c)

a suit or proceeding between the parties to a marriage with respect to the property of the parties or of either of them;

(d)

a suit or proceeding for an order or injunction in circumstances arising out of a marital relationship;

(e)

a suit or proceeding for a declaration as to the legitimacy of any person;

(f)

a suit or proceeding for maintenance;

(g)

a suit or proceeding in relation to the guardianship of the person or the custody of, or access to, any minor.

(2) Subject to the other provisions of this Act, a Family Court shall also have and exercise—

 

(a)

the jurisdiction exercisable by a Magistrate of the First Class under Chapter IX (relating to order for maintenance of wife, children and parents) of the Code of Criminal Procedure, 1973 (2 of 1974); and

(b)

such other jurisdiction as may be conferred on it by any other enactment.

Zuniee (Engineer)     20 November 2014

@Chandrashekar Sir, absolutely Sir I think you are almost on dot. today I got to know that chor party have filed an Application under order 39 Rule 1 & 2 r/w 151 CPC .
Sir you have made will point also, " For me, it appears that it is a suit under Section 7 of the Family Court Act.  In family court Act, such kind of suit is permissible in the religion of the respondent allows bigamy / polygamy, but not for Hindus, for the reason that the second marriage while subsistence of first marriage is void ab initio. "

Respected Sirs, I don' t know what is the case stage now, since last week only I have started getting notices,
but date mentioned is of October 2014 .. anyways now with this guidance I shall try contesting this one too.. Pls bless me.

Steps I follow now
- First will get clear information case stage / status

- will find a suitable lawyer
- once the picture is clear, I will start with objections

Once again Thank you very much all



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