Woman's right to husband's property under dv act


I have a friend whose wife has filed a false case under DV Act. He is married for about 10 years and always had problems with his wife, but divorce has not been filed. He has a property jointly owned along with his mother. However the entire family (including the woman / wife) never lived at this property. Now my friend wanted to sell this property. His wife file a case under DV Act and the Mahila court granted ex-party stay on selling of the property. How to vacate the stay? can my friend sell the property after vacation of stay and pending of the DV case? Will the Buyer of this property get a valid legal title pending this case against my friend ? Please guide.
 
Reply   
 

what are the grounds taken by wife before court for getting stay on selling of property? what is the finding of the court to grant the stay?

whether this property is mentioned in DV case i.e. did she ask share in this property in DV petition

 
Reply   
 



Originally posted by : Vikram
I have a friend whose wife has filed a false case under DV Act. He is married for about 10 years and always had problems with his wife, but divorce has not been filed. He has a property jointly owned along with his mother. However the entire family (including the woman / wife) never lived at this property. Now my friend wanted to sell this property. His wife file a case under DV Act and the Mahila court granted ex-party stay on selling of the property. How to vacate the stay? can my friend sell the property after vacation of stay and pending of the DV case? Will the Buyer of this property get a valid legal title pending this case against my friend ? Please guide.

First you need to find good buyer who can purchase and resell that property multiple times so as to drag the matter in unsolved property litigation irrespective of what the DV court has ordered.  If this can be managed, then matter can be postponed.  or just go for settlement stating mother has rights in the property.  Throw money and purchase divorce. Settle the matter in court itself by throwing money, why simply make ommlette out of everything???

 
Reply   
 

or go for appeal.  Take stay from High Court. Drag the matter and go for settlement.

 
Reply   
 

Yes this property has been mentioned in the DV petition. The key gorund is that this propoerty is her "shared household" and her belongings are lying there. Actually they have never lived in this property (it was always rented out) and the belongings are kept there recently after making a duplicate key (by and entering the propoerty illegally. and then a week later the DV case has been filed. MM has already given ex-party stay in her first hearing on the above grounds. They are yet to get the copy of petition for detailed study.  

 
Reply   
 

evidences need to be gathered for what you are saying and then may be application can be filed before MM to modify the order OR to withdraw the exparte order and pass a fresh order - take a decision after consultation with advocate

i think you may focus only only on - never stayed in that property - let them bring up items issue in reply

 
Reply   
 

LEAVE A REPLY


    

Your are not logged in . Please login to post replies

Click here to Login / Register  



 

Search Forum:








×

  LAWyersclubindia Menu