Regarding dv case where husband has not been issued summons
kajaljaiswal
(Querist) 11 February 2015
This query is : Resolved
Dear Experts,
I wanted to ask you that if the husband has not been served summons in a DV case filed by his wife against him, and he sells the flat to a third party of which he is the owner. the Magistrate has ordered the society that the flat should not be transferred, but the sale agreement has been executed and the physical possession has been given to the said party. so is there any thing that can be done in this case because husband was not served with summons and he sold the flat. what can be done by the said party? does the magistrate has the jurisdiction in such case to order the society not to transfer the flat as no one was aware of the case?
Devajyoti Barman
(Expert) 12 February 2015
The effect of order would start from the date of passing the order. it has no issue with date of service of summons since the Magistrate can pass order even ex parte.
kajaljaiswal
(Querist) 12 February 2015
but the party who has purchased the flat is a bonafide purchaser. how is he concerned with the case? what is his fault that he purchased the flat as he was totally unaware of the said DV case, and even the husband was not served with summons. so why the third party should suffer? although the physical possession is with the said party, but the society received the said order from the magistrate that his name should not be transferred in the society records. what can the third party do? can he become a party in such case, as we do in civil cases by filing 110 application?
Rajendra K Goyal
(Expert) 12 February 2015
He can approach court to instruct the society to transfer the flat in his name provided the purchase / registration was finalized before any order from court in the matter.
kajaljaiswal
(Querist) 12 February 2015
thank you so much experts for your valuable time.
T. Kalaiselvan, Advocate 
(Expert) 15 February 2015
In DV cases no such injunctions will be generally given, however, the new buyer may move the court to implead himself as a party to the proceedings.
kajaljaiswal
(Querist) 16 February 2015
so it means that the magistrate has the jurisdiction to pass such order. so which application has to be filed in such a case by the third party (purchaser of the flat) to become a party?
