• Temp injunction and stay order

Hello, friend has filed temp injunction on wife (divorce pending) as he lives in seperate property and she comes to harass and threaten. in the court on the order the judge has put
arguments on stay application and then says consideration on stay application 
i would like to know what does that mean (why put stay and not injunction) and who does it benefit?? what is the purpose of stay?
Asked 3 years ago in Family Law
Religion: Hindu

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9 Answers

Injunction is the proper legal term which means an order of court restraining a person from doing an act till further orders. Stay is a loose term for an injunction, in general parlance. Courts use these two terms interchangeably.

Swaminathan Neelakantan
Advocate, Coimbatore
3070 Answers
20 Consultations

First of all, if the wife of your friend is living seperately then he should have file the suit for permanent injunction and not for temporary injunction. Secondly, the purpose of the stay in this type of case is to restrain someone from entering in the property. But temporary injunction case is of no use. He should have file suit for permanent injunction so that court could permanently restrain her wife from entering in his property. 

Nikhil Gupta
Advocate, Yamunanagar
146 Answers
1 Consultation

An application is filed for temporary injunction against wife for restraining her from visiting matrimonial house. Court has posted the matter of consideration. It means that, the judge will go through the application for injunction and decide the maintainability of the application first and thereafter seek counter of wife and pass orders.

Ravi Shinde
Advocate, Hyderabad
5125 Answers
42 Consultations

In law, an injunction is an order by a court to one or more of the parties in a civil trial to refrain from doing, or less commonly to do, some specified act or acts

2) court after hearing parties will pass orders 

Ajay Sethi
Advocate, Mumbai
99775 Answers
8145 Consultations

Hello,

  1. There is lack of clarity in your query. If the application of the husband for temporary injunction is pending hearing, its outcome after hearing will determine as to which party will benefit.
  2. If the husband has also filed an application for stay on the divorce proceedings, it is the discretion of the judge to decide which application be heard first.

S J Mathew
Advocate, Mumbai
3619 Answers
175 Consultations

- Since, your friend has filed a suit for getting temporary injunction against the wife , then there is an application for interim order with that suit , and the court after accepting your friends suit now fixed the matter for the consideration of that application , whether this application is maintainable or not. 

- As per law, if the court will hear the argument on the interim application , then the court is bound to pass an order or reject the same till the finalization of the case. 

- The purpose of stay is to restrain the opposite party to do any act against the plaintiff related to property or otherwise.  

Mohammed Shahzad
Advocate, Delhi
15814 Answers
242 Consultations

Difference

  • An injunction is applicable against a person while an order of stay operates against a court. 
  • An injunction operates as soon as it is issued but a stay order operates only when it is communicated to the court to which it is issued (Mulraj V/s Murti Raghonathji Maharaj, 1967).

 

Injunction Order


An injunction is an order of the court compelling a person to do or not to carry out a particular action. They are of various types:


  • Temporary (Order 39 of the Code of Civil Procedure, 1908) and Permanent (Section 38-42 of the Specific Relief Act, 1963): The former is granted during the pendency of the suit based on various factors (preservation of status quo, balance of convenience, a prima facie case, irreparable injury, etc.) while the latter permanently prohibits or mandates a person to do certain actions.
  • Preventive (ones that restrain actions) and mandatory (ones that compel actions).
  • Ad-interim (ones granted during pendency of application and operative till its disposal) and interim (ones that are granted at disposal of application and operative till disposal of the suit).


Stay Order

  • An order of stay indicates stoppage, arrest or suspension of judicial proceedings.
  • An order of stay is primarily passed against execution (putting the decree into practice) of a decree (an adjudication determining the rights of the parties).
  • A stay is made against execution of a decree to enable the judgment-debtor (the one against the interests of whom the decree has been passed) to appeal to an appellate court against such a decree (Order 21, Rule 26; Order 41, Rule 5 the CPC, 1908). Such an order prohibits commencement of any proceeding for execution of the said decree.

 

Ganesh Kadam
Advocate, Pune
13008 Answers
267 Consultations

Injunction is an extraordinary remedy for the temporary preservation of the status quo used by the courts to prevent an act that may be contrary to good conscience.

Whereas stay is a suspension of a case or suspension of a particular proceeding with in a case.

A stay order is a temporary act of stopping or postponing the use of a property or land until a verdict is reached. A 'stay' or 'stay order' is defined as the act of temporarily stopping or postponing any judicial proceeding through the court or legal authorities in India, in order to secure the rights of a citizen.

Since the details of the orders passed by the court is not available no concrete opinion can be rendered beyond this.

 

T Kalaiselvan
Advocate, Vellore
89977 Answers
2492 Consultations

stay is an order for not proceeding with any act or earlier direction of any court. After stay we cant do the said act for which stay is obtained.

Prashant Nayak
Advocate, Mumbai
34514 Answers
249 Consultations

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