Injunction against spouse

There are two types of injunctions

1. Prohibitory –this is an injunction which prohibits a party to do something.

2. Mandatory – this is an injunction which requires a party to do something.

In M.Gurudas and ors. the supreme court held that while considering an application for injunction, the court would pass an order thereupon having regard to prima facie, balance of convenience and irreparable injury. In other words, in order to get an injunction these three things should be present in a case.

1. Prima facie- In Martin burn ltd v R.N. Banerjee it was held that A prima facie case does not mean a case proved to the hilt but a case which can be said to be established if the evidence which is led in support of the same were believed. While determining whether a prima facie case had been made out the relevant consideration is whether on the evidence led it was possible to arrive at the conclusion in question and not whether that was the only conclusion which could be arrived at on that evidence.

2. Irreparable injury – irreparable injury is an injury which cannot be compensated through damages. In this kind of injury, it is almost impossible to imagine the damage caused. For eg if a wife gets the custody of the child and father refuses to visit him ever again then the harm caused to the child is immeasurable as a child requires both of his parents.

3. Balance of Convenience – balance of convenience means comparative inconvenience which is likely to be caused to the parties either by granting the injunction or by withholding it. For eg if the petitioner will suffers more inconvenience if the injunction is not granted than the respondent if the injunction is granted, then the balance of convenience is in favour of petitioner.

We here at Chaklan and Associates provide assistance in  disputes where injunction are required.