Regarding jurisdiction of court
2 years ago
Wife filed permanent child custody petition in family court and a domestic violence case against husband on invalid grounds. Thereafter, Husband filed divorce petition in family court on cruelty ground against wife. Now, husband wants to file a suit of permanent injunction against wife for restraining her from doing second marriage during the subsistence of first marriage.
My question is this suit of permanent injunction can be filed or not as a supplementary application in the divorce petition itself or it has to be filed separately in civil court ?
Please explain in detail where to file it .
The suit of permanent injunction will be treated as an interlocutory application, meaning that it will be a part of the same series of applications filed but will not be treated as a supplementary application. It will have to be filed separately in the civil court.
Thank you.
A.Dear Sir,
It is the discretionary power of Court to restrain her from marrying second time during the pendency of divorce petition. The Family Court Judge may reject it by saying if she marries it invites 494 IPC.
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