Matrimonial Dispute – Interim Orders

As has been held in Arathi Bandi v. Bandi Jagadrashaka Rao, (2013) 15 SCC 790, a violation of interim or an interlocutory order passed by a court of competent jurisdiction ought to be viewed strictly if the rule of law is to be maintained. No litigant can be permitted to defy or decline adherence to an interim or an interlocutory order of a court merely because he or she is of the opinion that that order is incorrect, that has to be judged by a superior court or by another court having jurisdiction to do so. It is in this context that the observations of the Court in Sarita Sharma v. Sushil Sharma, (2000) 3 SCC 14 and Ruchi Majoo v. Sanjeev Majoo, (2011) 6 SCC 479 have to be appreciated. If a general principle, the violation of an interim or an interlocutory order is not viewed seriously, it will have widespread deleterious effects on the authority of courts to implement their interim or interlocutory orders or compel their adherence. It is common knowledge that in cases of matrimonial differences in our country, quite often more than one family court has jurisdiction over the subject matter in issue. In such a situation, can a litigant say that he or she will obey the interim or interlocutory order of a Family court and not that of another? Similarly, can one Family Court hold that an interim or an interlocutory order of another Family Court on the same subject matter may be ignored in the best interests and welfare of the child?. An interim or an interlocutory order is precisely what is, interim or interlocutory, and is always subject to modification or vacation by the court that passes that interim or interlocutory order. There is no finality attached to an interim or an interlocutory order. Surya Vadanan v. State of Tamil Nadu, (2015) 5 SCC 450.

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