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Sam   14 December 2016

Injunction case notification

Is it the case that the opposite party (my wife and family) will be informed or summoned by court if I file injunction case against her, so that she cannot harm me or my family or enter my parental house? There is no case filed yet and we are not talking to each other as well.



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 4 Replies

jyotirmaya behera (advocate)     14 December 2016

It’s a pre- mature case. If you file that can be dismissed. There is no place of anticipation.

 

Jyotirmaya Prasad Behera

Advocate, Orissa High Court

9861819294

Mukesh sharma (job )     14 December 2016

Hi sam its  not possible to harm you or enter your house coz its came in crime. 

so plz dont worry about  it and if you want some help in case than plz contact with your local lawyer.

 

1 Like

Kumar Doab (FIN)     14 December 2016

The apex court has aid down guidelines for the grant of ex parte orders.

For your acedemic interst you may go thru;

Supreme Court of India
Ramrameshwari Devi & Ors vs Nirmala Devi & Ors 
https://indiankanoon.org/doc/183635/
 
1 Like

(Guest)
Originally posted by : Sam
Is it the case that the opposite party (my wife and family) will be informed or summoned by court if I file injunction case against her, so that she cannot harm me or my family or enter my parental house? There is no case filed yet and we are not talking to each other as well.

It will be first of its kind if granted.  Without of cause of action, no court will entertain you anticipatory-injunction.  You can get anticipatory bail if you doubt that you will be arrested.  No antcipatory-injunction exists.  If some fighting has taken place between you and your wife once, and such incident reported in jurisdiction police station, based on that, you can go for writ petition in HC to take injunction permanent or temporary based on circumstances.  This is not possible.


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