What is AD Interim Relief in Law?
Some people wonder what ad interim relief is in law. The ad interim relief in the law is the temporary court order passed by the court while the actual suit before the court is pending. When a person files a case in the court he seeks some sort of relief from the court. This relief is mentioned in the prayer of the suit which defines what exactly the claimant requires from the court. This relief is given to the claimant only when the case is decided after the proceedings are finalized. This finalization of the case takes time but there are some reliefs that are mandatory to be decided at much earlier stages because if this relief is not given then the objective of the court which is to give justice cannot be achieved.
This relief which is required from the court before the disposal of the actual case is called ad interim relief in law.
- For example when petitioner A files the case in the court that B is trying to dispose of him from his house on a controversial issue of ownership of that house. Then the complainant can file a suit for declaration to declare that A is the owner of such property but while A can seek ad interim relief from the court that till the disposal of the case, the court can pass an order that A may not be disposed of by the party B from that house.
- In case where A claims that he is single and wise enough to do court marriage in Pakistan with B after the divorce certificate in Pakistan from his wife C. Then in this case C the first wife can seek ad interim relief by the court to grant the stay order against A for doing marriage till the case is decided by the court.
- In a case where A wishes to have an online marriage in Pakistan with a second wife then the first wife can obtain the ad interim relief restraining A to do marriage with the second wife without permission.
- If a person is married but wants to obtain the unmarried certificate in Pakistan to get married abroad then the wife of that person can seek a restraining order against the relevant department to grant him the certificate.
Above are some examples to show what ad interim relief is in law. This relief is totally at the discretion of the court. This discretion is exercised by the court judicially but not arbitrarily. The petitioner has to convince the court that there are sufficient grounds due to which ad interim relief in law should be granted. To obtain this relief the petitioner through his lawyer in Pakistan has to prove the below grounds.
- The petitioner has to prove his locus standi in the court.
- The petitioner has to prove that the balance of inconvenience lies in favor of the petitioner.
- The petitioner has to prove that if this ad interim relief in law is not granted to the petitioner then he will suffer irreparable loss.
