Maintenance - property attachment
swetha
(Querist) 29 February 2012
This query is : Resolved
Dear Experts,
In a maintenance case u/s 125 crpc court had ordered rs.5000 per month, but husband is not paying maintenance. I have filed a suit for property attachment. But he has sold one property and mortgaged another property to his friend. The mortgage document has been registered in register office. The stamp paper document date shows that it was purchased before I file the suit. But he has registered after the suit is filed. He is now informing the court that he has no job and the property is mortgaged. He has done all after I filed the suit. Kindly advice me as to what course of action I have to take now?
1)Can court attach property which has been mortgaged?
2)Can court announce “void” or “invalid” the sale of property?
3)How can I get maintenance money from my husband?
prabhakar singh
(Expert) 31 March 2012
you can plead both of the transactions to be sham one and not real just to defeat your rights in your case filed.
