Matrimonial Proceedings--Interim Restraint Order--Physical Restriction of Spouse's Movement Without High Benchmark of Justification Amounts to Pre-Trial Adjudication of Matrimonial Rights
Restraining a spouse from approaching the other spouse, their residence, or workplace during pendency of matrimonial proceedings requires a high benchmark of justification and cannot be ordered merely on the basis of one party's allegations. Such a restraint order, passed without meaningful consideration of the other party's defence, effectively adjudicates the matter without trial and amounts to a serious infirmity. Filing criminal cases or giving media interviews by a spouse cannot justify physical restriction of movement in family court proceedings, which are wholly distinct from criminal matters.
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