Ms Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction sta...........

Legal Concepts Civil Procedure Code (CPC)

Ms. Usha wants to file a suit against Bhagyalaxmi Theatre praying for a permanent injunction (stay order) restraining the theatre from running the film named “Jai Santoshi Maa”. Her contention is that the film hurt her religious feelings and sentiments as Goddess Saraswati, Laxmi and Parvati were depicted as jealous and were ridiculed.

She cannot file a suit because injury to religious feelings is not a legally recognized right.

She cannot file a suit because the Theatre has a fundamental right to speech and expression.

She can file a suit as injury to religious feelings has been legally recognized as a right (injuria sine damnum)

It is a case of complete judicial discretion.

Explanation:

No person can obtain a permanent injunction restraining the theatre from running the film just on the ground that his personal religious feelings and sentiments are being hurt. The best and only option which can be marked