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Dear Client,
In the given scenario, you can file a petition before the Civil Court under Section 37(2) or 38 of the Specific Relief Act, 1963 seeking a permanent injunction on the subject. A permanent injunction, popularly referred to as perpetual injunction, can be granted by the court by passing a decree made after a hearing and upon the merits of the case. Once such decree is passed, the defendant is permanently prohibited from the assertion of a right, or from the commission of an act, which would be contrary to the rights of the plaintiff. The grant of an injunction is subject to the provisions of Order 39, Section 94 (c) and (e) of the Code of Civil Procedure 1908 & Section 37(2) of the Specific Relief Act 1963. Apart from this, you can file a private complaint against the persons who forcefully evicted you from your own house in the court of the Magistrate under Section 223 of BNSS which outlines the procedure for a Magistrate to take cognizance of an offence. Upon receiving a complaint, the magistrate must examine the complainant and any witnesses present. This examination is conducted under oath, and the substance of the examination is documented and signed by the complainant, witnesses, and the magistrate. If the magistrate finds sufficient grounds for proceeding with the case, he may issue a summons or warrant to the accused under Section 227 of the Bharatiya Nagarik Suraksha Sanhita (BNSS) 2023. You can also file a petition praying for an Order of Protection in the City Civil Court or District Court. A Protective Order is a civil court order that is designed to stop violent and harassing behavior and to protect you from the abuser whose attitude or behavior appears to be life-threatening. At the Show Cause hearing, you have to show and prove by adducing substantial evidence why you need the Protective Order. There are no fees for filing a Protective Order. You do not need an Advocate to file for a Protective Order. However, if you wish, you can hire the service of an Advocate to represent you suitably before the Court to obtain a protective order.
Posted On 01-Nov-2024
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