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2002 Supreme(Cal) 589

D.K.SETH, JYOTESH BANERJEE
V. MALA VISWANATHAN – Appellant
Versus
P. B. VISWANATHAN – Respondent


Advocates Appeared:
BISWAJIT BOSE, MANALI BISVAS, PUSPENDU BIKASH SAHU, SUDHAKAR BISWAS

D. K. SETH, J.

( 1 ) THE wife-appellant has preferred this appeal against order No. 19 dated 22nd of December, 1999 passed by the learned Additional District Judge, First Court, Alipore, in Matrimonial Suit No. 22 of 1999 granting an injunction restraining the wife-appellant from making any attempt of forceful entry in her matrimonial house till the disposal of the matrimonial suit. Submission on behalf of the Appellant:

( 2 ) MR. Sahu, learned counsel for the appellant, submits that there cannot be an injunction restraining one of the spouse from entering into the matrimonial house of which she becomes a part, relying on paragraph 31 of the decision in Valsamma Paul (Mrs.) v. Cochin University and Ors. , reported in (1996)3 SCC 545. He had also relied on Pinckney v. Pinckney, reported in (1966)1 All ER 121 in order to contend that one of the spouse cannot be ousted from the house. Therefore, the impugned order appealed against cannot be sustained. RELYING on the decision in Chitra Sen Gupta v. Dhruba Jyoti Sen Gupta, reported in 1987 (1) CHN 450, he pointed out that Order 39 Rules 1 and 2 of the Code of Civil Procedure (Code) has no manner of application in respect of a matrimoni







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