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.
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?
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.
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.
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.
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
Hello,
- 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.
Difference
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:
Stay Order
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.