Injunction - A legal way to save property in Matrimonial Cases

Injunction in Matrimonial Cases

A Legal Way to Save your Property In Matrimonial Disputes

It is often seen that matrimonial disputes sometimes become property disputes also, and more so when one party becomes greedy and, to tilt a settlement in their Favour, uses property as a means. Ultimately, the party which owns a property is at a loss due to the greed of the other party. Since it’s mostly the girl who goes to the house of the boy or his parents, the property belonging to the Husband or his relatives becomes a bone of contention in the acrimony of the matrimonial dispute. We all know instances where a wife or daughter-in-law or even a relative girl takes possession of a property and refuses to vacate it. In such circumstances, getting the property vacated takes a lot of time, money, and effort by the aggrieved party. There are also instances when the girl and her relatives reach the house of the parents or relatives unannounced and disturb their peace by creating a scene.

A few years back, advice was given to the husband’s parents to disown their son to avoid this. However, the courts are competent enough to see through this tactic now. So, there is a better suggestion, which is also a legal way to deal with property becoming a bone of contention: seeking an injunction. The house owner can seek an injunction against the person he/she thinks they are a threat to entering and taking forceful possession of the property. The landlord and the person in possession can seek an injunction if it’s a rented accommodation.

Injunctions can be of two types: Prohibatory and Mandatory. A prohibitory injunction prohibits or forbids the doing of some act and is governed by section 38 of a specific relief act. Such injunction may be granted to the plaintiff to prevent the breach of an obligation in his favour. A mandatory injunction is to avoid a violation of obligation. It is necessary to compel the performance of certain acts that the court can enforce; at its discretion, the court may grant an injunction to prevent the breach complained of and compel the performance of requisite acts. In a nutshell, when the injunction compels doing some act, it is a mandatory injunction, but when the direction is not to do something, the injunction is prohibitory. There is no real distinction between injunctions prohibitive and mandatory, except that the order in the former is adverse, and in the latter, it is positive.

In matrimonial disputes, a prohibitive injunction may be sought by the parents of the Husband or the landlord against the daughter-in-law and her relatives whom they reasonably fear disturbing their peace or taking forcible possession of the house. However, a husband may need help to seek such a remedy, mainly if he stays with his wife alone/with their kids. Even then, an injunction may be sought by the Husband against the wife, seeking to restrain the wife from entering the suit property without due process of law. This is also an effective remedy if either of the parties has already sought a divorce.

An interim injunction may be sought by the aggrieved party by showing :

1. prima facie case
2. balance of convenience in their Favour
3. irreparable loss.

Other injunctions, such as posting on Facebook, Twitter, Instagram, and YouTube or even sending Whatsapp/SMS messages, utilize the same principles. I will cover them in another post on social media dedicated to Injunctions against a person. You may contact me for your specific case by visiting Contact Us