125 crpc
raahat
(Querist) 19 December 2010
This query is : Resolved
Respected Experts
I m contesting a petition U/s 125 crpc which was filed by my wife. The court awarded her interim maintainance.I has undr gone 13 months imprisment in payment default of maintainance but after the release i started the maintainance. Now i have around Rs. 2500000 pending against me which i m unable to pay. The wife is asking the property in lieu of the outsating dues. The property was purchased by my parents in my brother name although i was not born at that time n the brother too minor.The mother was the guardian of the said property but now parents have died.Presently i m living wid my brother at his his.
1) Can the lady asked the properety in lieu of outstanding dues.
2) Can the claim on my bother property as i have mentioned above.
3) Can the wife file under D/V Act for the residence although she is getting maintainance U/S 125 Crpc.
yogesh
(Expert) 19 December 2010
There is hard fact to rely with your submissions 125 crpc don't expect to pay 25 lakhs??
You may give NOC to your brother if the parents has purchased and transfer the rights to your brother aginst which she cannot claim against the property of your parents
Yes, the wife can seek the residence, if she is unable to find any shelter.But the onus is your side to prove if she has sufficient place, residence for her habilitation??
Raj Kumar Makkad
(Expert) 19 December 2010
In the given matter, your wife has no claim against that house which exclusively belongs to your brother though you are also residing therein with the permission of your brother. There are various citations wherein she cannot claim to reside along-with you in the aforesaid house which do not belong to you. Your brother may seek injunction order against her to enter therein from the court of law.
In my opinion, if you have already gone in jail for such a long time, adopt the same way for some more time. when your wife shall lose the hope of house then I think she shall have to drop all litigations and that is the only solution for you. I advise you to stop paying anything.
raahat
(Querist) 20 December 2010
THNX ALOT FOR YOUR VALUABLE ADVICE RESPECTED EXPERT. AS I HAVE MENTIONED THE OUTSTANDING AGAINST ME IS 2,50,000/- NOT 25 LAKHS SORRY FOR THE ERROR. I HAVE PAID AROUND 1,00,000/- TILL NOW AGAINST 6 EXECUTION OF RS. 3,36,000/-. CAN COURT ASKED FOR THE ORDER OF ATTACHMENT AGAINST THE OUTSTANDING MAINTINANCE.
