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1979 Supreme(J&K) 70

I.K.KOTWAL
Lakshmi Kumari – Appellant
Versus
Shakti Kumar – Respondent


Advocates Appeared:
Advocate For Appellant: R.P. Sethi
Advocate For Respondent: H.S. Hardesh

1. The broad question which falls for determination in this revision petition is : how far are the provisions of the Code of Civil procedure applicable to proceedings under the Hindu marriage Act ?

2. In a petition for restitution of conjugal rights brought by her against the respondent under section 9 of the Hindu Marriage Act (hereinafter the Act), the petitioner made an application under Order 39 Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure (hereinafter the Code) restraining him from contracting a second marriage during the pendency of the petition. The trial court issued an exparte interim injunction as prayed for and at the same time issued a notice to the respondent to show cause as to why the same may not be made absolute. The respondent on appearance in the court questioned its jurisdiction to issue temporary injunction on the twin ground that with the exception of Sub-section (5) of section 5, there was no provision in the Act which empowered the court to grant injunctions permanent or otherwise, to which the principles embodied in Order 39 Rules 1 and 2 could be attracted, and that in any case neither any property being involved in the petition nor relie










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