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The concept of restraining order is still underdeveloped and unclear under the Indian law and pertaining to this unclarity, the majority of people are unaware of the appropriate procedure of how to obtain a restraining order. Here’s our complete guide to the concept of restraining order in India and how to get a restraining order in India.
A restraining order is an order granted by a court to protect a person from some danger or apprehension of danger from someone. It is granted to prohibit a person from contacting or harassing a person or violating any other rights. It is issued by a court form of a civil order that restrains a person from doing something either permanently or for a temporary period of time.
In India, a restraining order is issued in form of an injunction, which is a judicial remedy that mandates a person to do or refrain from doing something. Section 94, 95 and Order 39 of the Code of Civil Procedure, 1908 lay down the procedure of granting the injunction, along with Section 36- 42 of the Specific Relief Act, 1963.
There is two types of injunctions enforceable in India viz. temporary and perpetual injunction, which can be preventive, restrictive, prohibitive and mandatory in nature:
To get injunction order in India an application has to be filed through a civil lawyer before the appropriate court or tribunal where your case is being heard. Specific Relief Act Section 38(3) lays down the situations in which a perpetual injunction can be granted by the court:
However, there are some circumstances given under Section 41 of the Specific Relief Act, in which a perpetual injunction cannot be granted.
In India, a restraining order or permanent injunction are generally obtained in cases of domestic violence or divorce. It is advised to consult a lawyer for obtaining a restraining order against a spouse or in-laws to secure protection against any manipulation or exploitation.
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