Exclusion of pvt ltd company of husband from matrimonial dispute
Sahiba Khurana
(Querist) 02 September 2014
This query is : Resolved
Dear Experts
I filed execution petition for the maintenance order awarded to me in DV Act. After the notice of this EP my husband dint appear and order for warrants of attachment are issued. Now my husband has filed an application for inclusion of his Pvt Ltd Co as a respondent in which he is 98 percent shareholder through another director who is only 2 percent shareholder. On this basis he is asking for a stay on the EP by praying to remove the assets of the Company from Execution process.
Pls guide.
M.Sheik Mohammed Ali
(Expert) 02 September 2014
YOU CAN mentioned that your husband tracking the case, dont allow the stay petition.
ajay sethi
(Expert) 03 September 2014
you should seek to attach your husband bank accounts or his property not that of company
Sahiba Khurana
(Querist) 05 September 2014
Dear Experts
Thank you for replying my query. I appeared personally on the date and asked for the copy of the petition. The Judge did not grant any stay on execution and was asking my husband to appear as he is 98 % shareholder instead of other director who filed the application to include company as a respondent. Judge also mentioned about lifting of corporate veil.
My questions- Can a Pvt Ltd Company become a respondent in a DV case as per section 2q DV Act?
Can the doctrine of lifting of corporate veil apply in this Execution of maintenance in DV if husband is 98% shareholder?
Is 2% shareholder authorized to file such a petition to object the execution?
Sudhir Kumar, Advocate
(Expert) 06 September 2014
already replied at
http://www.lawyersclubindia.com/experts/Execution-Petition-For-Maintenance-Order-in-DV-Act-494376.asp#.VAp7AaOO5G0
T. Kalaiselvan, Advocate
(Expert) 06 September 2014
If the query is repeated, the author may visit the original thread to know about the opinions of experts.
