What is injunction?
In a layman language, injunction is a court order that requires a party to do or not do a specific act.
Under what provisions of the Indian Laws can the injunction be granted?
Order 39 of the CPC, Section 38 and 39 of the Specific Relief Act 1963
What injunction is sought in divorce/matrimonial proceedings?
Usually a temporary/preliminary injunction is granted in the interim stage of the matrimonial proceedings.
What is the purpose of injunction in divorce proceedings?
The usual purpose of injunction is to preserve the status quo in situations in which further acts of the specified type, or the failure to perform such acts, would cause one of the parties irreparable harm or loss or would affect his or her rights over her alimony.
In what cases can the wife pray for an order of injunction against the husband?
If pending the divorce proceedings, wife learns that the husband is alienating properties in his sole name, then the wife can immediately take an injunction order against the husband.
What is the validity of such an order?
Usually injunction orders in matrimonial proceedings are passed on a temporary basis and are valid till the final hearing of the petition/case.
What will be the effect of such an order?
The party against whom the injunction order is passed cannot further alienate/transfer or create third party rights over those assets.
What remedy is available to the party against whom such an order has been passed?
Pending the proceedings, such a party can appeal to the higher forum against such an order of the family or any other district court.
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