how to save property from crpc125 wife?
mukund reddy
(Querist) 16 July 2010
This query is : Resolved
My wife has filed a false CRPC 125 case against me. Is there any possibility of attaching my property? That is fully earned by my own hard work and not owned by inheritance. And also she never contributed anything in this regard since she is neither qualified nor working. My quaries are
1) Is there any possibility of attaching?
2) In that case how to save my hard earned property from attaching?
3) whether it is possible to write a SETTLEMENT DEED (DHAN) in any one of my relative's name? or
4) to write an absolute SALE DEED.
which is the best way to save my own hard earned property?
what are the precautions should be taken in this regard?
Awaiting for ur valuable suggestions.
regards,
mukund reddy
Surrender K Singal
(Expert) 16 July 2010
No body is stopping the owner of self acquired property to deal in it as he may prefer ! Why should you be waiting for any attachment ?
Devajyoti Barman
(Expert) 17 July 2010
The immovable property can not be attached in the proceeding under section 125 crpc. So do not panic.
Chanchal Nag Chowdhury
(Expert) 17 July 2010
Attachment etc. can come in only upon failure to pay maintenance. Do not put the cart before the horse. In any event, maintenance u/s 125 CrPC. is for a limited amount so U need not worry.
mukund reddy
(Querist) 18 July 2010
Thanks a lot all experts.
Yes, true. If i dont pay attachment comes. crpc.125 is running for 2 years, and if court orders to pay rs.5000 per month(i am jobless) I will have to pay 1.2 lakh as arrears. Her brother is green card holder and settled in USA. If she has to pay her money for cases she may hesitate. but if the money is free, she can appoint another lawyer in addition to public prosecuter to run 498a case which is FIR filed.
That is why I dont want to pay. If i dont pay they can attach my house.
My doubt is whether I can go with SETTLEMENT DEED or ABSOLUTE SALE DEED or GIFT DEED to avoid attachment of my house.
