RAM ISHWAR TEWARI vs ANIL MUKHIA & ORS.

This revisional application has been filed by one Ram Ishwar Tewari (who moves the matter in person with the leave of Court), the father of one

Neha Tewari. The suit from which the present revision arises, bearing Title Suit No. 160 of 2018, was apparently filed for declaration to the effect

that the so-called marriage, registered on December 06, 2017 between Neha Tewari and one Anil Mukhia, is void, inter alia for the fact that the said

Anil Mukhia was and is an under aged person.

In such suit, the plaintiff, being the father of Neha Tewari, took out an application captioned to be one under Order XXXIX Rules 1 and 2 of the Code

of Civil Procedure, praying for temporary and ad interim injunction restraining the defendants/opposite parties, being the said Anil Mukhia and his

relatives, from creating any obstruction in the path of the said Neha Tewari from visiting her paternal home if she desires. It was alleged in such

application for injunction that the opposite parties, being in a position of dominance, will coerce his daughter to put pressure to the plaintiff to part with

and/or arrange dowry for a large sum of money to the opposite party nos. 1 and 2.

By virtue of the impugned order dated March 13, 2018, the court below rejected such application for temporary injunction on the finding that prima

facie it appeared that the marriage took place on a date when Neha Tewari had become adult. The court below, as reflected from the impugned

order, did not want to interfere with the marriage, which was solemnised between two adult persons, and held that the question whether the

marriage certificate between the petitioner’s daughter and the opposite party no. 1 was in accordance with law or not can be decided after taking

evidence.

The petitioner submits that the court below proceeded on an erroneous premise since the attainment of majority of Neha Tewari was not in dispute but

it was the specific allegation of the petitioner that the opposite party no. 1, Anil Mukhia, with whom Neha entered into matrimonial tie, was himself

underage and, as such, the marriage in question was void.

At the outset it must be mentioned that although the injunction application in the court below was captioned as one under Order XXXIX Rules 1 and 2

of the Code of Civil Procedure, in effect the order sought for therein was in the nature of a prayer invoking the inherent power of the court under

Section 151 of the Code of Civil Procedure. Since no corporeal right to any property was involved, the provisions of Order XXXIX Rules 1 and 2 of

the Code do not strictly apply. As such, the present application under Article 227 of the Constitution of India against the rejection of such application

of injunction is maintainable.

However, it does not appear that the court below, while rejecting the injunction application, committed any jurisdictional error at all. Rather, the

exercise of discretion by the Judge-inCharge of the Third Bench of the City Civil Court at Calcutta was sound and could not be faulted.

In fact, there appears to be some doubt as to whether the suit, as framed, is maintainable in law, since the petitioner, being the father of Neha Tewari,

apparently does not have locus standi to seek any declaration either as to the marriage of his adult daughter or as to his alleged son-in-law being

underage.

However, this court does not intend to dwell on this aspect further since the maintainability of the suit as well as all other questions on merit involved in

the injunction application are to be decided on evidence at the trial of the suit.

In view of the discussions above, the order impugned has to be affirmed and, accordingly, C.O. No. 706 of 2018 is rejected by affirming the impugned

order dated March 13, 2018.

It is, however, made clear that the observations made herein or in the order impugned will not prejudice the trial court at the time of hearing of the suit

and the trial court will be free to proceed with the adjudication of the suit on merits without being unnecessarily influenced by such observations.

There will be no order as to costs.

Urgent certified website copy of this order, if applied for, be made available to the parties upon compliance of all requisite formalities.