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shiv shiv shiv (unemployed)     05 November 2012

Warrant to attach property in dv

Dear Ld. Friends,

in a dv case , interim orders were passed , RTR rejected, interim maint,5k was paased, the respondent were about to file appeal in the higher court against the interim oreder , the appeallant filed an distress application to court to issue an property attachment warrant, the respondent's laywer that they wanted to file the appeal but could not because of delay in  getting the requsite papers from the court,

my question:

a) the respondent dpes not own any property.,he stays with his parents ,his parents own the property,can the court issue an order to attach his parents property? although it has been told to the court that the respondent(my friend) is in the process of filing the appael, how to tackle this issue,divorce petition is also filed in the higher court

thanks



Learning

 6 Replies

Tajobsindia (Senior Partner )     06 November 2012

1. Property registered / owned by parents cannot be attached in any recovery proceedings under any family law PERIOD. Read Batra and Batra.

2. Women sentiments are paramount in disallowing appeal process being followed by respondents and had it been the other way round in similar situation case she would have got stay in lower court while appeal is still about to file ! So bear the gender biasness and concentrate educating your advocate with above Hon'ble case laws in the meantime and then there are many on similar facts from various State HC's too.

 

1 Like

shiv shiv shiv (unemployed)     06 November 2012

Dear Tajobs sir,

here it seems the opp .advocate has filed an application to issue an arrest warrant against the respondent & also asked the court to attach the property ,in this case my friend does not own any property, his lovely wife seems to be eyeing his parents property , how can the parens sfeguard their house they are 70+, & keep it awy from the clutches of thei DV woman?

Tajobsindia (Senior Partner )     06 November 2012

1. Kick out the son first by asking him to live on rent and file an information report at local police station to help them in any untoward incidences since being senior citizens.

2. Disown the son and paste paper adv. on their main gate.

3. File restraining son and DIL as in civil application in Court. Most court put on urgency hearing senior citizens applications.  

1 Like

shiv shiv shiv (unemployed)     07 November 2012

thank you very much sir!!!


(Guest)
Originally posted by : Tajobsindia
 
2. Disown the son and paste paper adv. on their main gate.

 
 

 Sir ,

1.After disowning can son meet them in their house.

2.After disowning can parents ask maintenance from their son.

Tajobsindia (Senior Partner )     07 November 2012

1. No.
2. Yes provided they donot have known source of income.


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