Family - injunction

✔Whether Wife can seek injunction to restrain husband from performing second marriage?

Family - injunction - Section 24of Hindu Marriage Act, 1955 and Order 39 Rules 1 and 2 of Code of Civil Procedure, 1908 - appeal by wife against decree of divorce - appellant wife prayed for restraining respondent husband from marrying during pendency of present appeal - respondent husband contended that if appellant wife succeed in present appeal then second marriage by him would be void and it would not have any effect on status of appellant and injunction in favour of appellant should not be granted - Court observed that if wife does not succeed in present appeal then status of second marriage by respondent husband would go unhindered but if she succeed then she is bound to face mental agony and status of second wife would also be in controversy - therefore balance of convenience in favour of injunction and thus injunction against husband granted. 🙏🙏Family - injunction

 Section 24of Hindu Marriage Act, 1955 and Order 39 Rules 1 and 2 of Code of Civil Procedure, 1908 -
Appeal by wife against decree of divorce - appellant wife prayed for restraining respondent husband from marrying during pendency of present appeal - respondent husband contended that if appellant wife succeed in present appeal then second marriage by him would be void and it would not have any effect on status of appellant and injunction in favour of appellant should not be granted - Court observed that if wife does not succeed in present appeal then status of second marriage by respondent husband would go unhindered but if she succeed then she is bound to face mental agony and status of second wife would also be in controversy - therefore balance of convenience in favour of injunction and thus injunction against husband granted.



Calcutta High Court

Chitra Sengupta vs Dhruba Jyoti Sengupta on 3 April, 1987Equivalent citations: AIR 1988 Cal 98, 92 CWN 54
Bench: A Bhattacharjee, A K Nayak