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Rajesh Radhakrishnan (Consultant Ophthalmologist)     19 February 2010

Getting an injunction

My wife who is a partner in my clinic (Registered under Partnership Act) has abandoned her post without wanring and is currently employed in a hospital 50 km away. That hospital has now opened a branch in my place and proposes to shift her here. Can I get an injunction  and restrain her from practising in my town?

If so. how and on what grounds?  


 4 Replies

Meenakshi (Lawyer)     19 February 2010

Dear Rajesh,

Your wife has the freedom to chose work and place of work according to her choice and for that reason Neither u nor anybody can do anything about it...You cannot prevent her from working in any part of the world.........

TVD Rajkumar (Advocate)     20 February 2010


Mr Rajesh see if this would help you.

I believe it is possible to get a claim in the profits earned by her

Partnership Act

16- Personal profits earned by partners.
  Subject to contract between the partners –
    (a) if a partner derives any profit for himself from any transaction of the firm, or from the use of the property or business connection of the firm or the firm name, he shall account for that profit and pay it to the firm;
    (b) if a partner carries on any business of the same nature as and competing with that of the firm, he shall account for and pay to the firm all profits made by him in that business.

N RAMESH. (Advocate Chennai. Formerly Civil Judge. Mobile.09444261613)     22 February 2010

Yes Rajesh. You can file a suit and get an injunction restraining her from practising in your town while remaining as partner in your clinic.

Swami Sadashiva Brahmendra Sar (Nil)     25 February 2010

I agree with mr N Ramesh , but conditions stipulated in partenership deed is to be seen which shall be the  basis of the suit.

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