( 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.

( 4. ) THE submission of Shri S. K. Pawnekar, learned counsel for the appellant/wife is that there is no provision in the Hindu Marriage Act for grant of injunction. The only reliefs that are available under the Act are restitution of conjugal rights, judicial separation, a decree of divorce, and a decree of nullity can be granted but no declaratory relief or a relief of injunction can be granted and the Court has also no jurisdiction either to consider the prayer of an injunction of such a nature. In support of his submissions he cited the decisions in the case of Umashankar Prasad Singh v. Radha Devi and Ors. , reported in AIR 1967 Patna 220; in the case of Trilokchand Modi and Anr. v. Om Prakash Jaiswal, reported in AIR 1974 Patna 335; and in the case of Parwati Devi v. Harbindra Singh, reported in AIR 1980 Rajasthan 249, in which it has been held that there is no provision in the Hindu Marriage Act for granting an injunction against the other party restraining him or her from contracting a marriage with another person and also there is no provision in the Act for filing a suit for permanent injunction. Therefore, it is not permissible for any Court to grant any such temporary injunction in such suits. ( 5. ) IN reply the submission of Miss. Achla Joshi and Shri R. C. Mehra, learned counsels for respondent/husband is that by virtue of provisions of Section 21 of the Hindu Marriage Act, the provisions of Code of Civil Procedure, 1908, are applicable to the petitions under the Hindu Marriage Act and all the proceedings under the Hindu Marriage Act shall be regulated