PRATIKSHA Vs. PRAVIN

JUDGEMENT

(1.) THE appellant/wife, who is defendant in a divorce petition filed by the respondent/husband under Section 13 (1) (a) of the Hindu Marriage Act, has filed this Misc. Appeal under Order XLIII Rule 1 of the Code of Civil Procedure (for short "the Code") against the order dated 27-7-1998 passed by IXth Additional District Judge, Indore in Hindu Marriage Case No. 258 of 1998 granting an injunction against the appellant/wife restraining her not to enter forcibly into the house of the respondent/husband.

(2.) THE facts giving rise to this appeal are that the respondent/husband filed a divorce petition under Section 13 (1) (a) of the Hindu Marriage Act against the appellant/wife on the ground of cruelty. Alongwith this petition, respondent/husband has also filed an application under Order XXXIX Rules 1 and 2 read with Section 151 of the Code praying therein that appellant/wife be restrained not to forcibly enter into the house of the respondent/husband because the appellant/wife has threatened to the respondent/husband to commit suicide and the submission of the husband in the application was that on 28th March, 1998 she has finally left the house of the respondent/husband along with all her silver and gold ornaments in the absence of the respondent without his knowledge and since then she is residing alongwith her brother and the respondent is apprehending that the wife may come again in the house of the husband and may create some problem and also commit suicide and may involve the husband in some criminal case, therefore, she be restrained not to forcibly enter into the house of the husband. This application was heard by the Trial Court and by impugned order dated 27-7-1998 allowed the same and granted an injunction against the appellant/wife. This application was objected by the wife before the Trial Court and it was submitted that no such injunction can be granted as there is no provision under the Hindu Marriage Act for grant of such injunction but the Trial Court after considering the submissions of the learned counsel for the parties granted an injunction exercising inherent powers under Section 151 of the Code, against which appellant/wife has filed this Misc. Appeal.

(3.) I have heard Shri S. K. Pawnekar, learned counsel for appellant/ wife; Miss. Achla Joshi with Shri R. C. Mehra, learned counsels for respondent/ husband: and perused the record.