05 May 2026 11:26 AM

Divorce Proceedings--Freedom of Movement of Spouse--Restraining a Spouse from Accessing Matrimonial Home or Workplace During Divorce Proceedings Without High Benchmark of Justification Is Unsustainable

A family court cannot restrain a spouse from accessing the other spouse's home or workplace during pendency of divorce proceedings without a high benchmark of justification. Such restraint, imposed merely on the basis of one party's allegations of cruelty or behavioural issues, without meaningfully considering the other party's defence, is unsustainable. Filing criminal cases or giving media interviews does not justify curtailing a spouse's freedom of movement. Under Section 13(1)(ia)(iii) of the Hindu Marriage Act, an interim injunction cannot operate as a pre-trial determination of guilt or effectively grant divorce relief before conclusion of trial.

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