rajiv_lodha (zz) 06 June 2012

How is ex-parte order implemented?

I am fighting divorce case against wife. My bitter half forcibly entered self-purchased house of my parents to harass them. After her drama was over within 20 days, the old folks applied for Permanent Injunction & subsequently Interim Injunction was granted, main case running. Wife skipped service of summons by bribing the postman & report said "locked". After proper court proceure, the case is running ex-parte.

Officially she does not know that interim injunction is procured by my parents. If she tries to forcibly enter that house

1) How the old folks will be protected? Will the police take action while they will produce order copy OR they have to move court again to seek help

2) Any criminal case will stand against her in such a scene OR something like evacuation suit (civil)?

3) Will evacuation be easy OR an uphill task if this scene comes?

4) If she is cornered for her adventure, Can she take plea that 'I do not know that these folks have some injunction orders against me'

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3 Replies

Adv. Chandrasekhar (Advocate) 06 June 2012

if the property is in possession of your parents, they keep the court order and telephone no. of local police station handy and if any adverse situation arises, they can call the police or call 100. By virtue of certified copy of court order, the police is supposed to protect them. By the way, in interim injunction application, local police should have been made one of the respondents and one of the reliefs is to provide assistance in implementation of interim order.

rajiv_lodha (zz) 13 June 2012

Police not made a party in this case. Kindly put more light on points 2,3 n 4

Adv. Chandrasekhar (Advocate) 13 June 2012

2. If the interim injunction order is under O. XXXIX R. 1&2, then injured party can file an application under Rule 2-A of the same O. XXXIX. The punishment for this violation is attachment of the property of the violator or 3 months simple civil imprisonment.

3. once order has already been passed, evacuation is easy.

4. If she takes such plea, then the court will say that now you come to know about the order, vacate the premises and file the requisite application to vacate the temporary injunction order issued by the court.