domestic violence act

Neeraj Kaushal (Querist) 23 April 2014 This query is : Resolved
Is there any provision in protection of women from domestic violence act to restrain husband fron transfer his immovable property prior noitice to husband just like exparte stay order in civil suit if any help with citations

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Devajyoti Barman (Expert) 23 April 2014
Yes, it is very much there under section 23 of the Act.

Rajendra K Goyal (Expert) 24 April 2014
Academic query.

T. Kalaiselvan, Advocate Online

(Expert) 24 April 2014
There is no provision in the PWDV Act restraining the respondent from alienating his immovable property.

malipeddi jaggarao (Expert) 25 April 2014
Academic query.

V R SHROFF (Expert) 25 April 2014
Advocate Niraj Kaushal,
there is provision u/s 23 of PWDV Act, as rightly stated by Shri Barman.

Only restriction is, the property should be a shared household, shared matrimonial home, in which she resided as h-wife./ or was in any domestic relationship.
I recd orders in fvr of wife..

Arvind Singh Chauhan (Expert) 01 May 2014
Under Sec 23 Court can't pass such order expartee.

But under Sec 19- Court can pass An order restraining Respondent (s) from Alienating / disposing/ encumbering the shared household.

See concerning Rules 2006-FORM II
( See Rule 6 (1) )

Advocate. Arunagiri (Expert) 01 May 2014
Under S.19 of the DV act, the court can restrain the husband from alienating the shared household.

This applies to the shared household only no to any other properties.

Devajyoti Barman (Expert) 01 May 2014
Dear Arvind, section 23 makes it clear enough that the court can pass order even before sending of notice to husband or other parties making it nothing but an ex parte order.