1. This is a somewhat extraordinary application.
2. The first defendant is the daughter-in-law of the plaintiff.
Admittedly, she was staying with the plaintiff till 10 th May, 2020, at
No. 18, Avenue Amaltas, West End Green Farms, Rajokri, New Delhi
– 110038 (referred to, hereinafter, as “the suit property”). On 10 th
May, 2020, the first defendant went to visit her mother. By the
present application, the plaintiff seeks an interlocutory injunction,
from this Court, restraining the first defendant from returning to the
I.A. 4618/2020 in CS(OS) 506/2018 Page 1 of 25
3. As to the law, which would empower me to grant the injunction,
sought in the application, at this interlocutory stage, I was totally at
sea, when the hearing of this application commenced, and, I must
confess, I remain at sea even as on date, despite the valiant attempts,
of Ms. Rajkotia, learned counsel for the applicant, to convince me that
the application was maintainable, and deserves to be allowed. To my
mind, it is obvious that the present application is an attempt, by the
plaintiff, to capitalise on the departure, of her daughter-in-law, to her
mother’s abode, on 10th May, 2020. Had the first defendant not left,
on 10th May, 2020, to visit her mother, there is little doubt that the
plaintiff could not, at this interlocutory stage, have sought a direction,
from this Court, to direct the first defendant not to return to the suit
property. What could not have been achieved, directly is, in my
opinion, being sought to be achieved indirectly, by way of this
application, seeking a restraint, on the first defendant returning to the
suit property, from her mother’s house, where she is presently staying.
In my view, this is totally impermissible, and may teeter perilously on
the edge of abuse of the legal process.
Source: Indian Kanoon