ORDER :

ALOK AWASTHI, J.

The petitioner has filed this present petition under Article 227 of the Constitution of India, challenging the order dated 14.10.2025 passed in M.C.A. No.241/2025 by 34th District Judge, Indore, whereby the appellate court allowed the injunction appeal under Order 39 Rule 1 & 2 of CPC, reversing the well reasoned order of the trial Court.

2. FACTS OF THE CASE, IN SHORT, ARE AS UNDER:-

2.1 The petitioner came into acquaintance with the respondent, Shri Bharat Dhakad, through social media in the year 2016. The respondent represented himself as a widower whose wife had expired and that he had one son. Believing his representations and emotional assurances, the petitioner, who herself is a divorcee having one daughter, trusted him in good faith.

2.2 On the said assurance, the respondent solemnized a marriage ceremony with the petitioner on 29.05.2016 at Jamania Khurd Temple, Indore. The said marriage was performed between two and thereafter, both started residing together as husband and wife.

2.3 Subsequently, the petitioner came to know that all such representations made by the respondent were false and misleading. The respondent had concealed his true marital status and had deceived the petitioner by hiding the fact that he was already married and living with his first wife. The entire conduct of the respondent was fraudulent and intended to exploit the petitioner emotionally, physically, and financially.

2.4 That, after gaining the petitioner’s trust, the respondent started harassing, humiliating, and defaming her through verbal abuse, threats, and social media posts, causing her immense mental agony and social stigma.

2.5 When the petitioner initiated lawful proceedings, including a criminal case under Section 376 IPC and other allied provisions, the respondent and his family members, particularly his father Shri Dilip Singh Dhakad, began pressurizing and emotionally blackmailing her to withdraw the cases. To create an illusion of reconciliation and acceptance, the respondent's father, Shri Dilip Singh Dhakad, executed a document titled ‘Daan Patra’ on a 100 Rupees non-judicial stamp paper, wherein he solemnly declared that he is donating his love, affection, and certain movable property to the petitioner, Smt. Maya Dhakar, and her minor daughter ‘Malika', treating Maya as his ‘Bahu’ (daughter-in-law) and Malika as his ‘Poti’ (grand daughter). The said Daan Patra was executed and signed in Indore, and its clear intention was to emotionally induce the petitioner to withdraw her 376 IPC case and other criminal proceedings.

2.6 Simultaneously, the respondent’s legally wedded wife, Smt. Rekha Dhakad, executed a sworn affidavit (“Shapath Patra’) before a Notary Public at Indore on 11.01.2018, wherein she categorically stated that she has no objection if her husband, Shri Bharat Dhakad, continues to live with the petitioner, Smt. Maya Dhakad, as his second wife, and that any child born from their relationship shall be legitimate and entitled to full rights. She further undertook that she would not initiate or support any action against Maya Dhaka.

2.7 It is pertinent to submit that multiple civil and criminal litigations are pending between the parties arising out of the same matrimonial dispute. The petitioner is already receiving interim maintenance in the proceedings instituted under Section 125 Cr.P. C. (now corresponding to Section 144 of the Bharatiya Nagarik Suraksha Sanhita, 2023). It is further submitted that in the very same maintenance proceedings, the Respondent had moved an application under Section 340 Cr.P.C. alleging perjury against the petitioner, however, the said application was duly considered and dismissed by the learned Family Court, holding that ‘no grounds existed for initiating proceedings under Section 340 Cr.P.C. The dismissal of the said application has attained finality. Therefore, in view of the multiplicity of proceedings and continuous abuse of the process of law, the present petition r