Legal Question in Family Law in India
my husband has filed divorce petition in USA.he is on work permit.he is not a green card holder or US citizen.we both got married in India.and both are indian citizens. now I am living in India. I have no visa to go to US and contest the divorce case. I filed a suit in family court in india to restrain my husband for marrying second time. the family court in india has passed an interium injunction order, restraing my husband for marrying second time and sent court notices to my husband. my husband refused indian court notices.mean while he obtained ex-parte divorce decree from US court. based on the refusal notices, we asked the family court in india to make the injunction order permanent/absolute. But the judge ( who has joined as judge one year ago) questioned us , whether the court can make the restraing injunction order absolute/permanent? and asked for few citations/earlier judgements. the judge doubted that the court do not have power to make the injunction order permanant/absolute in family matters.
( we asked the relief under 39 rule cpc mandatory injunction order)
can you pls let me know
whether the court can make the interium injunction order permananet/absolute?
are there any judgements on this?
kindly help me.
thanks in advance.
4 Answers from Attorneys
yes court can restrain him and you can also stop him through various channels in India.
Your local counsel can guide you properly after going through your documents. But yes court has power to restrain him.
Good luck.
Regards
M:09814110005
once he has obtained ex parte divorce, a decree of permanent injunction cannot be granted against him. but he has to validate his divorce in india by filing a civil suit. better take up the matter through ministry of external affairs and US embassy for punitive action.
The Indian court has discretionary powers to make interim order permanent.
However, your main prayer viz: restrain your husband from marrying again itself is not a maintainable prayer. This is because you are asking the Court to prohibit a possible crime ( bigamy) from being committed. It is like asking the court to restrain your neighbour from stealing your vehicle.
In view of the fact that the main prayer is not admissible, the court may refuse making the interim order into absolute injunction.
You can challenge the US court decree as null and void and ask for interim maintenance and also file a petition for restitution of conjugal rights.
In case your husband marries again file FIR with police for bigamy.
S.Seshadri
I agree with the above opinion. The US court decision may be challenged as the main relief and injunction from re-marrying may be the interim relief. You may amend your suit accordingly.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
