This explanation is not unbelievable. Be that as it may, when the practice and procedure that is required to be followed is to try the proceedings for breach of injunction independently, the question of prejudice should not detain me in quashing and setting aside the impugned orders. In support of my reasons as aforesaid, the weighty reasons recorded by the Hon’ble Judge Shri G.P. Mathur in the case of Gyan Chand Jain AIR 1998 All. 228 (supra) in paragraph 4 thereof, leads me to hold that the impugned orders are bad in law. The relevant portion of paragraph 4 of the said judgment reads thus:
A proceeding under Order 39, Rule 2-A, Civil Procedure Code, initiated on the ground of disobedience or breach of the injunction order, is in the nature of a criminal proceeding as the person against whom such proceeding is initiated is liable to be detained in prison if it is found that he had committed breach of injunction order. Since a punishment is imposed and a person is sent to jail, the principle on which these proceedings are decided are entirely different. Here the principle of criminal law will apply and the plaintiff will have to establish beyond any shadow of doubt that the defendants had committed disobedience or breach of the injunction order even though he had full knowledge of the same.
The burden of proving its case in such cases lies entirely on the plaintiff. The principle on which a civil suit is decided are different as here decision on the issues arising out of pleadings is taken on the basis of preponderance of evidence. Therefore, a common judgment and order deciding the main suit as well as application under Order 39, Rule 2-A, Civil Procedure Code will not be proper.
Child Marriage & Injunction by Judicial Magistrate under the Prohibition of Child Marriage Act, 2006
Sec. 13: Power of court to issue injunction prohibiting child marriages.-
Notwithstanding anything to the contrary contained in this Act, if, on an application of the Child Marriage Prohibition Officer or on receipt of information through a complaint or otherwise from any person, a Judicial Magistrate of the first class or a Metropolitan Magistrate is satisfied that a child marriage in contravention of this Act has been arranged or is about to be solemnized, such Magistrate shall issue an injunction against any person including a member of an organization or an association of persons prohibiting such marriage.