An injunction is a legal remedy that parties in India can use to stop the other party from engaging in a specific activity or behaviour. A number of circumstances may give rise to the granting of an injunction, including defamation, contract violations, and infringement of intellectual property. An injunction is a potent legal tool that functions as a judicial directive compelling a party to carry out or discontinue particular acts.
It plays a crucial role in many legal disputes, serving as a preventive measure to stop legal wrongs or as a remedy to enforce rights. It is essential for both legal practitioners and individuals seeking legal assistance to comprehend its dynamics, legal ramifications, and the situations in which it applies.
Previously, the injunction suits whether is temporary, permanent, mandatory or prohibitory were originally filed in civil courts, regardless of the nature of the dispute.
However, a recent judgment by the Delhi High Court in the case of Avneet Kaur v. Sadhu Singh has significantly altered this practice. The Hon’ble High Court of Delhi in this case ruled that Family Courts have the jurisdiction to adjudicate injunction suits arising from matrimonial issues, even if they involve disputes between family members other than the husband and wife on the condition that the matter should have arisen out of the matrimonial relationship. This landmark decision expands the purview of Family Courts to include injunction suits related to matrimonial matters, allowing family members, such as parents-in-law and daughters-in-law, to seek legal remedies within the Family Court system. Consequently, parties involved in matrimonial disputes can now approach Family Courts directly, ensuring expedited and equitable resolution of their grievances while reducing the burden on civil courts.
It is pertinent to mention that the Family Courts have exclusive jurisdiction to try family matters under Section 7 of the Family Courts Act, 1984. The High Court of Delhi opined that it is not necessary that matrimonial disputes be filed by only husband and wife; family members can also file the petition on the condition that the matter should have arisen out of the matrimonial relationship.
