Can wife seeking divorce restrain husband from selling flat/commercial propertis
Rupendra Porwal
(Querist) 31 October 2014
This query is : Resolved
A wife has filed Divorce suit on ground of cruelty and ALSO planning to file suit for custody of a minor and maintenance under sec 125 of crpc.
Can wife seek injunction/relief against husband form selling the properties owned by him?
Also suggest, how should wife protect her rights and rights of baby in the event husband proceeds to sell the properties.
Also suggest that a lawyer what are all precautions must be taken while proceedings of divorce suit is on and at the time of filing of custody and maintenance suits.
Devajyoti Barman
(Expert) 31 October 2014
The wife can file suit for partition on behalf of the children in the even the husband proceeds to sell his ancestral property.
For his self-earned property, the wife can file case under PWDV Act so he may not transfer the same till the case is finally disposed of.
Guest
(Expert) 31 October 2014
How you are related with the case of a wife against husband? Is it your own case?
Rajendra K Goyal
(Expert) 31 October 2014
Agree with the expert Devajyoti Barman.
ajay sethi
(Expert) 31 October 2014
wife can move court under DV act and seek injunction restraining husband from selling matrimonial home . no injunction can be granted in respect of commercial properties
Rupendra Porwal
(Querist) 01 November 2014
Dhingra ji, this party is my family friend and client.
I am thankful to Mr. Barman and Mr. Sethi for valuable suggestions.
Guest
(Expert) 01 November 2014
Hi Rupendra,
Thanks for clarification. But, being a legally qualified person and as "Head (Legal and Statutory)" of some organisation, as your profile reveals, I suppose you could well find solution for the problem. Probably seeking injunction in a case is not a strange term for you, if you are "Head (Legal and Statutory)." Moreover, legally qualified executives are also supposed to be working under your control.
Anyway, your problem seems to have been solved now. I can wish the best of luck for your family friend.
