Husband trying to sell
swetha
(Querist) 11 March 2011
This query is : Resolved
My mother asked me to initiate maintenance case in court. I have filed civil suit for maintenance against my husband.
My husband has sold one house before I file suit and now I hear that he is trying to sell another property.
Can I get the sold property? and Can I stop him from selling 2nd property?
Devajyoti Barman
(Expert) 11 March 2011
You could nothing as regards the property already sold. However now you file a case under Domestic Violence Act asap and apart from praying of maintenance ask for an order to restraint to transfer any of his properties. The court under DV Act proceeding can do that.
adv. rajeev ( rajoo )
(Expert) 12 March 2011
File an application u/o 39 r 1 & 2 or file an application for attachment before judgement
Devajyoti Barman
(Expert) 12 March 2011
An application u/o 39 rule 1 ans 2 does not lie independently. For that a separate suit needs to be filed and the wife does not have a civil right over the right of residence in any particular property and the DV Act for the first time makes such provision in that respect.
Dayananda Gowda
(Expert) 12 March 2011
I agree with Barman sir, file a petition under DV act
a.manoharan
(Expert) 12 March 2011
Hindu? the property in whose name? depending on self-acquired or inherited ? Hindu and self-acquired means I also agree with Mr. Barman
a.manoharan
(Expert) 12 March 2011
otherwise, depending on other facts.
Legal Fighter
(Expert) 12 March 2011
what do u want? do u want maintenance or property? Don't go by your mother, apply your own mind also.
Chanchal Nag Chowdhury
(Expert) 12 March 2011
Nothing on the 1st property.However, U may go for attachment of the sale proceeds.
The 2nd one may be stopped by an injunction. However,duration of such measures will depend on the husband's failure to pay maintenance.
Guest
(Expert) 12 March 2011
Dear Swetha,
Is this a case of filing a suit for maintenance after divorce, or you have already filed a case of divorce, or you are living separately from your husband due to having some problem in mutual relations and you want maintenance from your husband for living separately?
I can understand, mothers have deep attachment with their daughters, but sometimes relations get worse only due to frequent interventions and over indulgence of mothers in the affairs of the in-laws of the daughter.
So, as an old man, I must advise you to act very wisely in whatever you decide to do by weighing pros & cons of your decision, as this pertains to the question about your whole life, whether living with your husband or separately before or after divorce.
You may however, like to understand that any advice here without going through the real facts may also prove to be wrong and harmful to your own interests in such matters.
PS Dhingra
Chief Executive Officer
Dhingra Group of Management & Vigilance Consultants
New Delhi-110089
Mobile: 09968076381
[dcgroup1962@gmail.com]
swetha
(Querist) 12 March 2011
Thank you experts.
Dhingra Ji, I agree with what you said. Unfortunately things have gone wrong and I am far away from solutions. I have filed 498a & DP 4 also. Now my husband will not forgive me.
Thank you again all experts.
swetha
(Querist) 12 March 2011
The 2nd property is a Land. Can I still file DV to stop him from selling it.
Debasish Hota
(Expert) 13 March 2011
Agreed with Mr.Dhingra.Yes you can file to stop the sale of 2nd property.
